IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 2ND FEBRUARY 2011 / 13TH MAGHA 1932 Crl.Rev.Pet.No. 461 of 2005() ----------------------------- CRA.178/1998 of II ADDL. SESSIONS COURT, TRIVANDRUM CC.542/1996 of JUDL. MAGISTRATE OF FIRST CLASS MAGISTRATE COURT-II, NEYYATTINKARA .................... PETITIONER/APPELLANT/ACCUSED: --------------------------------------- P.VIJAYAKUMAR, AYIKUTTIVILA PUTHEN VEEDU, AYINKAMAM, PARASSALA P.O. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENTS/RESPONDENTS/COMPLAINANTS: ---------------------------------------- 1. SIVATHANU PANICKER, S/O.GOVINDA PANICKER NALUTHATTU PUTHEN VEEDU, MUSIYAMKARA, PARASSALA P.O. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, OFFICE OF THE ADVOCATE GENERAL,HIGH COURT BUILDING ERNAKULAM. PUBLIC PROSECUTOR SUMANGALA P.N. SRI.BLAZE K.JOSE FOR R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 02/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J * * * * * * * * * * * * * Crl.R.P.No.461 of 2005 ---------------------------------------- Dated this the 2nd day of February 2011 O R D E R The revision petitioner stands convicted for the offence under Section 138 of the Negotiable Instruments Act. The trial court convicted and sentenced him to undergo simple imprisonment for six months and to pay a fine of Rs.30,000/- and in default to undergo simple imprisonment for 3 months. The conviction was confirmed by the appellate court and modified the sentence by directing the petitioner to undergo imprisonment till the rising of the court and to pay a compensation of Rs.22,000/- to the complainant under Section 357(3) of the Cr.P.C and in default of payment of compensation to undergo simple imprisonment for 3 months. 2. The learned counsel for the revision petitioner has only sought for time to pay the amount of compensation. 3. In the circumstances, the conviction and sentence as modified by the appellate court is confirmed. This revision petition is accordingly dismissed but with the observations/directions that the sentence shall not be executed Crl.R.P.No.461 of 2005 2 till 04/04/2011. The petitioner shall have time till that date to pay the amount and thus avoid the default sentence. The petitioner shall appear and his sureties shall produce him before the learned Magistrate on or before 05/04/2011 for execution of the sentence. (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.461 of 2005 3 Crl.R.P.No.461 of 2005 4 THOMAS.P.JOSEPH,J. Crl.M.C.No. of 200 ORDER 19/01/2011