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2021 Supreme(Online)(KER) 13589

HIGH COURT OF KERALA
B.SUDHEENDRA KUMAR, J
HARIKRISHNAN – Appellant
Versus
VENUGOPALAN – Respondent


Advocates:
SHRI.V.MANOJ KUMAR, SRI.IYPE JOSEPH, R1 BY ADV. SRI.M.KANNAN, R1 BY ADV. KUM.APARNA SATHIANATHAN, SMT. M. K. PUSHPALATHA, SR.PP

O R D E R

The revision petitioners were convicted and sentenced by the courts below under Section 138 of the Negotiable Instruments Act (for short 'the N.I.

Act').

2. Heard.

3. The courts below correctly appreciated the oral and documentary evidence and concurrently found that the revision petitioners executed Ext.P1 cheque as contemplated under Section 138 of the N.I.Act and committed the offence under of the N.I. Act. No material has been brought to the notice of this court to indicate that the appreciation of evidence or the concurrent finding of conviction under of the N.I.Act by the courts below was perverse or incorrect. In the said circumstances, the concurrent finding of conviction by the courts below under of the N.I.Act, does not warrant any interference by this court.

4. As regards the sentence, the learned Counsel for the revision petitioners has pleaded for leniency. The learned Counsel for the revision petitioners has submitted that the petitioners are not having any source of income at present even for their livelihood.

Considering the facts and circumstances of the case, including the amount covered by Ext.P1 cheque, I am of the view that the sentence awarded

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