IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 Crl.Rev.Pet.No. 2046 of 2011() ----------------------------------------- CRA.229/2010 OF OF ADDL. DISTRICT & SESSIONS COURT, NORTH PARAVUR ST.3330/2004 OF JUDICIAL MAGISTRATE OF FIRAST CLASS - II, PARAVUR .................... PETITIONER(S):/APPELLANT/ACCUSED. -------------------------------------------------------- M.S.REMA W/O.VENUKUTTAN NAIR, RESIDING AT PRIYA LANE, NO.103/C, OOMANKUZHITHADAM, ZEENATH JUNCTION, ALUVA WEST VILLAGE, PARAVUR TALUK. BY ADV. SRI.C.D.JOHNY SRI.P.SHAIJAN JOSEPH RESPONDENT(S): RESPONDENT/COMPLAINANT --------------------------------------------------------------------- 1. K.GOPAKUMAR, S/O.KOTTARAKKARA N. KESAVA PILLAI RESIDING AT MATHRUSMARANA, PATHALAM KARA, KADUNGALLOOR VILLAGE, PARAVUR TALUK. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT.REKHA C.NAIR. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 31/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= Crl. R.P. No. 2046 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 24th day of September, 2012. O R D E R The petitioner is the accused in C.C.No. 31/2008 before the Judicial First Class Magistrate, Kayamkulam. The prosecution is one under Section 138 of Negotiable Instruments Act. The Magistrate convicted the petitioner and sentenced him to undergo simple imprisonment for three months and directed him to pay a fine of Rs. 62,000 with a default sentence of imprisonment for three months. The petitioner filed Crl. A. No. 253/2011 before the Additional District & Sessions Judge-I, Mavelikara, in which the District & Sessions Judge modified the imprisonment till the rising of the court. The award of fine amount was confirmed. The petitioner is challenging the judgments of the courts below. 2. The learned counsel for the petitioner confines relief for reducing the sentence of imprisonment and time to pay the compensation amount. 3. I have heard the learned counsel for the 1st respondent also. After considering the contentions of both sides, I dispose of this Criminal R.P. as follows: The conviction is confirmed. The Magistrate shall keep the execution of the sentence in abeyance for a period of four months within which time the petitioner shall pay the fine amount. The petitioner shall appear before the Magistrate for undergoing the sentence of imprisonment till rising of the court, on 5.2.2013. If the petitioner does not pay the compensation Crl. R.P. No. 2046 of 2011 -: 2 :- amount, there would be a default sentence of simple imprisonment for one month. Needless to say, any amount already deposited by the petitioner shall be given due credit to. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.