IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 11TH MAY 2010 / 21ST VAISAKHA 1932 Crl.Rev.Pet.No. 1504 of 2010() ----------------------------------------- CRA.276/2008 of ADDL.SESSIONS COURT,-I, MAVELIKKARA CC.525/2005 of JUDL.MAGISTRATE OF FIRST CLASS, MAVELIKKARA .................... REVN. PETITIONER(S): APPELLANT/ACCUSED --------------------------------- RIYAS UMAN, PROPRITETOR, UNIVERSAL TRAVEL ENTERPRIES MRA ATO KANJIRAMPARA, THIRUVANANTHAPURAM. BY ADV. SRI.M.R.SARIN RESPONDENT(S): RESPONDENT/COMPLAINANT/STATE --------------------------- 1. PETER MARY DASAN M.S.VILLA, THATTARAMPAMBVALAM MAVELIKARA. 2. STATE OF KRALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR MR.REKHA C. NAIR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.S.GOPINATHAN,J. -------------------------- Crl.R.P.No.1504 of 2010 --------------------------- Dated this the 11th May, 2010 O R D E R The revision petitioner was convicted by the Judicial First Class Magistrate Court, Mavelikkara in C.C.No.525/2010 for an offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for a period of six months. Though he had preferred Crl.A.No.276/08 assailing the above conviction, he was not successful. 2. When the revision petition came up for admission, the learned counsel for the revision petitioner submitted that because of the financial difficulties, the revision petitioner could not pay the cheque amount and that he is prepared to pay the cheque amount if some time is granted. Having gone through the judgments of the courts below, I find that this is a fit case for awarding compensation for the 1st respondent and that a modification of the sentence is quite appropriate. Crl.R.P.No.1504/10 2 3. In the result, while confirming the conviction, sentence is reduced to imprisonment till rising of the court with a fine of Rs.1,20,000/- (Rupees one lakh twenty thousand only) and in default the revision petitioner shall undergo simple imprisonment for a period of six months. The revision petitioner is granted six months time to remit the fine amount. Till then, the bail bond executed by the revision petitioner shall remain in force. P.S.GOPINATHAN,JUDGE jsr True Copy PA to Judge Crl.R.P.No.1504/10 3 Crl.R.P.No.1504/10 4