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2009 Supreme(Online)(KER) 45998

HIGH COURT OF KERALA
P.S.GOPINATHAN, J
SADASIVAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
MR.RINNY STEPHEN CHAMAPARAMPIL, SMT.ASHA ELIZABETH MATHEW

ORDER

1.The revision petitioner was convicted by the Judicial Magistrate of the First Class, Kayamkulam in C.C.No.93 of 2007 on his file for offence under Section 138 of the Negotiable Instruments Act and sentenced to simple imprisonment for three months and to pay Rs.12,000/- as compensation to the second respondent under Section 357 (3) of the Code of Criminal Procedure . In Crl.A.478 of 2008, the Additional Sessions Judge, Fast Track (Ad-hoc), Mavelikara, while confirming the conviction, reduced the substantive sentence to one of imprisonment till rising of the court. The amount of compensation was reduced to Rs.10,000/-, the cheque amount, with a default sentence of simple imprisonment for one month.

Now this revision.

2.Having heard the learned counsel for the revision petitioner and perusing the judgments of the courts below, I find that the second respondent, who was examined as P.W.1, had succeeded to establish that on 5.10.2006, the revision petitioner borrowed Rs.10,000/- and in discharge of the liability, Ext.P1 cheque dated 5.11.2006 drawn on Puthuppally Service Co-operative Bank was issued and that when Ext.P1 was sent for collection, it was returned dishonoured for insu

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