IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 Crl.MC.No. 4659 of 2008() ------------------------- CR.A.No.119/2007 OF ADDITIONAL SESSIONS JUDGE, ADHOC-1, PALAKKAD PETITIONER/ACCUSED(S): --------------- BALAKRISHNAN, S/O RAMAKRISHNAN, 'GEETHALAYAM', KOLAYAKKAD, PUDUSSERY, PALAKKAD DISTRICT. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. GOPINATHAN, S/O SETHUMADHAVAN, PARUTHIKKAD, EDAYAR STREET, PALAKKAD. PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4659 of 2008 ---------------------------------------- Dated this the 2nd day of December 2008 O R D E R The petitioner has been found guilty, convicted and sentenced in a prosecution under Section 138 of the Negotiable Instruments Act. He preferred an appeal and the appeal was dismissed confirming the conviction; but modifying the sentence. The petitioner is now obliged to undergo imprisonment till rising of court. There is also a direction to pay compensation. 2. The petitioner has now come to this court with this Crl.M.C. When the matter has taken up for disposal, there is no representation for the petitioner. The short prayer made in this petition is that the sentence of imprisonment till rising of court may be set aside on the ground that the petitioner is ill and sick. 3. The prayer is indeed strange. The appellate judgment can be challenged by instituting a revision. I find absolutely no merit in the prayer made in this petition under Section 482 Cr.P.C to modify the sentence imposed by the appellate judgment. The prayer is totally misconceived. 4. This Crl.M.C is accordingly dismissed. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No. 2 Crl.M.C.No. 3 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008