IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU THURSDAY, THE 31ST MAY 2007 / 10TH JYAISHTA 1929 Crl.Rev.Pet.No. 3692 of 2006() ------------------------------ CRA.123/2003 of ADDL. SESSIONS COURT (FAST TRACK) III, PALAKKAD CC.667/2001 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PALAKKAD .................... REVN. PETITIONER: APPELLANT/ACCUSED ------------------ ABDUL NAZER, S/O. KUNJUMUHAMMED, CHITTUVALAPPIL HOUSE, SHORNUR P.O., OTTAPPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.K.I.MAYANKUTTY MATHER SMT.S.LAKSHMY RESPONDENTS: RESPONDENT/COMPLAINANT ------------------------------------------------------------------ 1. ABDUL RAHIMAN, S/O.ASSAINAR RAWTHER, KALLAMPARAMBIL HOUSE, KIZHAKKUMPURAM, MANNUR, PALAKKAD TALUK. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI SRI.RAJESH SIVARAMANKUTTY THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 31/05/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.R.UDAYABHANU, J --------------------------------------------- CRL.R.P.No.3692 of 2006 --------------------------------------------- Dated this the 31st day of May, 2007 O R D E R The revision petitioner stands convicted for the offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for three months and to pay a compensation of Rs.35,000/- to the complainant and in default, to undergo simple imprisonment for three months. 2. Counsel for the revision petitioner has only sought for modification of the sentence and time to pay the amount of compensation. In the circumstances, the sentence is modified to imprisonment till the rising of the court. The rest of the sentence is confirmed. Revision petitioner is granted six months' time from today onwards to remit the compensation amount. He shall appear before the Judicial First Class Magistrate Court-II, Palakkad on 1.12.2007 to receive the sentence. Non bailable warrant pending, if any, shall be kept in abeyance till 1.12.2007. It is submitted that the revision petitioner has been arrested and is under detention. The accused is ordered to be released forthwith. The criminal revision petition is disposed of as above. K.R.UDAYABHANU, JUDGE csl