IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU THURSDAY, THE 13TH SEPTEMBER 2007 / 22ND BHADRA 1929 Crl.Rev.Pet.No. 823 of 2000() ----------------------------- CRA.194/1997 of I ADDL.SESSIONS COURT, ERNAKULAM CC.45/1996 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI .................... REVN. PETITIONER/APPELLANT/ACCUSED ---------------------------------------------- SKARIA KURIAN PROPRIETOR M/S GLORIA CHURIDHAR COLLECTION OPP. DWARAKA HOTEL, M.G.ROAD, KOCHI-16 BY ADV. SRI.C.P.UDAYABHANU RESPONDENTS: ---------------- 1. SKARIA PROPRIETOR M/S PRINCE POLYMERS SANTO GOPALAN ROAD KOOVAPPADAM, KOCHI-2 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.C.K. SURESH THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 13/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.R.UDAYABHANU, J. -------------------------- Crl. R.P. NO. 823 OF 2000 --------------------- Dated this the 13th day of September, 2007 ORDER The petitioner has been convicted for the offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo R.I for one year and to pay a fine of Rs.8003.70, which is the cheque amount, and in default to undergo S.I for three months. Learned counsel for the petitioner has sought for modification of sentence. 2. The cheque is dated 20.11.95. About 12 years have elapsed. In the above circumstances, the sentence is modified to imprisonment till the rising of the court and to pay compensation of Rs. 15,000/- to the complainant and in default to undergo S.I. for three months. The revision petitioner is granted three months time to remit the compensation amount. Petitioner shall appear before the Judicial First Class Magistrate Court-II, Kochi on 18.12.07 to receive sentence. The Criminal Revision Petition is disposed of as above. K.R.UDAYABHANU, JUDGE vps ANTONY DOMINIC, JUDGE OP NO.16383/98 JUDGMENT 5TH SEPTEMBER, 2007