IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 Crl.Rev.Pet.No. 758 of 2005(D) ------------------------------ CRA.313/2001 of SESSIONS COURT, KASARAGOD CC.536/1999 of JUDL. MAGISTRATE OF FIRST CLASS-II, HOSDRUG .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: --------------------------------------- M. RAJENDRAN, S/O. ERAYI, RESIDING AT MOYALAM, SARKARI, THAYANNUR VILLAGE, P.O. THAYANNUR. BY ADV. SRI.M.THAMBAN SMT.T.SUDHAMANI RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------- 1. V.V. CHANDU, S/O. V.V. CHINDAN, LINEESH HOUSE, KARUVACHERY, NILESHWAR VILLAGE, HOSDURG TALUK, P.O. NILESHWAR. 2. THE STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.SABU SREEDHARAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 28/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.A.No.3822/2005 in Crl.R.P.No.758/2005 Dismissed. 28-09-2010 Sd/-, P.Q.BARKATH ALI, JUDGE /True Copy/ P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.758 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of September,2010 ORDER Revision petitioner was prosecuted for an offence punishable under Section 138 of Negotiable Instruments Act. The trial court convicted him and sentenced him to undergo simple imprisonment for six months. On appeal by the accused, the lower appellate court modified the sentence to imprisonment till the rising of court and to pay a compensation of Rs. 37,599/- in default to undergo simple imprisonment for two months. 2. When the revision petition came up for hearing today, counsel for the revision petitioner submitted that he may be granted some time for payment of the compensation. Therefore, confirming the conviction and sentence of the revision petitioner by the lower appellate court, this revision petition is dismissed. Revision petitioner shall surrender before the trial court on or before October 20, 2010 to suffer the sentence. As this is a transaction of the year 1999, I feel that Crl.R.P.No.758/2005 2 four months time can be granted for payment of compensation by the revision petitioner. Rs.5,000/- deposited by the revision petitioner before the trial court as a condition precedent for suspending the sentence shall be given credit to. The complainant will be entitled to withdraw that amount. The bail bonds of the accused are cancelled. P.Q.BARKATH ALI JUDGE sv. Crl.R.P.No.758/2005 3