IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU THURSDAY, THE 29TH MARCH 2007 / 8TH CHAITHRA 1929 Crl.Rev.Pet.No. 1392 of 2007() ------------------------------ CRA.370/2005 of ADDL.SESSIONS COURT,-I, MAVELIKKARA CC.381/2002 of JUDL.MAGISTRATE OF FIRST CLASS, MAVELIKKARA .................... REVN. PETITIONER: APPELLANT/ACCUSED ----------------------------------------------- SAM VARGHESE, AGED 55 YEARS, S/O.M.VARGHESE, NADAVALLIL LOUIS VILLA KUNNUM P.O., MAVELIKKARA. BY ADV. SRI.E.RAFEEK SRI.GOKUL DAS V.V.H. SRI.M.P.MADHAVAN KUTTY RESPONDENTS: RESPONDENT/COMPLAINANT ------------------------------------------------- 1. K.G.GOPALAKRISHNAN NAIR, MOKKATTU (KALATHOOR), KUTTAMPEROOR P.O., MANNAR, ALAPPUZHA DISTRICT. 2. THE STATE OF KERALA, REP. BY CHIEF SECRETARY THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA. BY ADV. SRI. AMJAD ALI, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.R. UDAYABHANU, J ================================= CRL. R.P. NO. 1392 OF 2007 ================================= Dated this the 29 th day of March 2007 O R D E R The revision petitioner stands convicted for the offence under section 138 of the Negotiable Instruments Act and sentenced, as modified by the appellate court, to undergo simple imprisonment for one month and to pay the cheque amount of Rs.1,75,000/- as compensation to the complainant and in default to undergo simple imprisonment for two months vide section 357 (3) Cr.P.C. 2. The counsel for the revision petitioner has only sought for modification of sentence and for time to pay the amount of compensation. In the circumstances, sentence is modified to imprisonment till rising of the court. The rest of the sentence is confirmed. It is submitted that a sum of Rs.50,000/- has been paid directly to the complainant. If so, the revision petitioner shall also pay the balance amount to the complainant directly or depositing the same in the court within six months from today CRL. R.P. NO. 1392/2007 : 2 : onwards. The revision petitioner shall appear before Judicial First Class Magistrate, Mavelikaraon 28.09.2007 to receive sentence. Non bailable warrant pending if any shall be kept in abeyance. The Crl. R.P is disposed of accordingly. K.R. UDAYABHANU, JUDGE. RV