IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH DECEMBER 2006 / 13TH AGRAHAYANA 1928 Crl.Rev.Pet.No. 3776 of 2006(B) CRA.348/2005 of II ADDL. SESSIONS COURT, PALAKKAD ST.318/2002 of JUDL.MAGISTRATE OF FIRST CLASS COURT, MANNARKAD REVN. PETITIONER: APPELLANT/ACCUSED ----------------------------------- K.SUNDARAN, AGED ABOUT 35, MARIT WOOD INDUSTRIES, POOTHIRUTHY, PALAPPETTI P.O., MALAPPURAM DISTRICT. BY ADV. SRI.I.DINESH MENON RESPONDENTS: STATE AND COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.V.PRASANNAN, AGED 55, S/O.VAVA, ASHLY BHAVAN, THRIKKALUR P.O., MANNARKKAD. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------------- CRL.R.P.NO. 3776 OF 2006 --------------------------------- Dated this the 4th day of December,2006 O R D E R The petitioner was found guilty for the offence under Section 138 of the Negotiable Instruments Act. He was sentenced to undergo imprisonment till rising of the Court and he was directed to pay a compensation of Rs.92,500/- to the complainant and in default, to undergo simple imprisonment for sixty days. On appeal by the accused, the Appellate Court confirmed the conviction and sentence. 2. The learned counsel for the petitioner submits that the only prayer of the petitioner is that he may be granted a reasonable time to pay the compensation amount. Since the conviction and sentence are not being interfered with, no notice is being issued to the second respondent/ complainant. CRL.R.P.NO. 3776 OF 2006 :: 2 :: 3. In the facts and circumstances of the case, I am inclined to grant three months' time to the petitioner to pay the amount of compensation. In the result, the Criminal Revision Petition is dismissed, confirming the conviction and sentence. However, three months' time is granted to the petitioner to pay the compensation amount of Rs.92,500/-. The default sentence in respect of default in payment of compensation shall be kept in abeyance for a period of three months. (K.T.SANKARAN) Judge ahz/ K.T.SANKARAN, J. ------------------------ ------------------------ CRL.M.C.NO. OF O R D E R September, 2006 ------------------------