IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 Crl.Rev.Pet.No. 3482 of 2009() ------------------------------ CRA.729/2008 of SESSIONS COURT, TRIVANDRUM ST.1125/2007 of JUDICIAL MAGISTRATE OF THE FIRST CLASS, NEDUMANGAD .................... REVN. PETITIONER: --------------------- R.UDAYAN, AGED 45 YEARS, S/O.RAGHAVAN, RESIDING AT VTRA 50, ARAYANVILAKAM, KOCHUVELI, TITANIUM POST, THIRUVANANTHAPURAM. BY ADV. SRI.T.SAJEEV RESPONDENTS: --------------- 1. MADHUSOODHANAN NAIR, S/O.VASUDEVAN NAIR, A.A.NIVAS, KOLOAKODE POST, VENJARAMOODU, THIRUVANANTHAPURAM. 2. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR. JAYAKRISHNAN SRI.V.G.ARUN FOR R1 SRI.T.R.HARIKUMAR FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ---------------------------------------- Crl.R.P.No.3482 of 2009 ---------------------------------------- Dated this the 17th day of November, 2009 ORDER The Judicial Magistrate of the First Class-III, Nedumangadu in S.T.No.1125 of 2007 found the revision petitioner guilty for offence under Section 138 of the Negotiable Instruments Act. Consequently he was convicted and sentenced to simple imprisonment for six months and a fine of Rs.50,000/-. The fine amount, if any realised, was ordered to be paid to the first respondent as compensation under Section 357(1) of the Code of the Criminal Procedure. 2. In Criminal Appeal No.729 of 2008, the Sessions Judge, Thiruvananthapuram confirmed the conviction. The sentence was reduced to imprisonment till rising of the court and fine of Rs.50,000/- with default clause to undergo simple imprisonment for six months. 3. Assailing the legality, correctness and propriety of the above conviction and sentence as modified in appeal, this revision petition was filed. 4. Today when the revision petition came up for Crl.R.P.No.3482 of 2009 2 admission, first respondent took notice. The learned counsel for the revision petitioner submitted that he is not assailing the conviction and sentence. But he seeks only time for payment of fine. In the above circumstance, this revision petition is dismissed. The revision petitioner is granted six months time to pay the fine amount. Till then, the bail bond executed by him shall remain in force. P.S.GOPINATHAN, JUDGE skj