IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 Crl.Rev.Pet.No. 3089 of 2009 ---------------------------------------- CRL.A.NO.216/2009 ADDL. SESSIONS COURT (ADHOC-II), ERNAKULAM, CC.NO.891/2003 OF JUDL.MAGISTRATE OF FIRST CLASS, KOLENCHERRY. .................... REVISION PETITIONER/ APPELLANT/ ACCUSED: --------------------------------------------------------------------- B. SREEKUMAR, S/O. BHASKARAN PILLAI, AMBATTU HOUSE, NEAR PERUVARAM TEMPLE, K.S.R.T.C, BUS STAND, N. PARAVUR. BY ADV. MR.LIJU. M.P. RESPONDENTS/ RESPONDENTS/ COMPLAINANT & STATE: ------------------------------------------------------------------------------------- 1. A.N. VIDHYASAGAR, S/O. NARAYANAN, ALAZHATHU HOUSE, ARACKAPARAMBIL, PONNETHU ROAD, KADAVANTHARA, ERNAKULAM. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR. RITHWIK. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 05/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. P.S. GOPINATHAN, J. -------------------------------- CRL.R.P. NO. 3089 OF 2009 ----------------------------------------- DATED THIS THE 5TH DAY OF OCTOBER 2009 O R D E R --------------- The revision petitioner is the accused in C.C No. 891 of 2003 on the file of Magistrate of the First Class, Kolenchery. The first respondent prosecuted the revision petitioner alleging offence under Section 138 of the Negotiable Instruments Act. The learned Magistrate after due trial arrived a conclusion of guilty. Consequently the revision petitioner was convicted and sentenced to Simple Imprisonment for six months with direction to pay Rs. 90,000/- as compensation. In Criminal Appeal No. 216 of 2009, the Additional Sessions Judge (Adhoc-II) Ernakulam confirmed the conviction and substantive sentence was reduced to imprisonment till raising of the court and fine of Rs. 90,000/- with a default clause to undergo Simple Imprisonment for 2 months. The legality, correctness and propriety of the above conviction and sentence as modified in appeal is now assailed in this CRL.R.P. NO. 3089 OF 2009 2 revision petition. 2. When the revision petition came up for hearing, the learned Counsel for the revision petitioner submitted that the revision as against the conviction and sentence is not pressed. He sought for six months time for payment of fine. I find no reason to reject the request. Hence the revision petitioner is granted six months time to remit the fine provided he executes a bond of Rs. 15,000/- with two solvent sureties each for like sum to the satisfaction of the trial court within 15 days from today. The fine amount on realization shall be paid to the first respondent as ordered by the lower appellate court. The revision petition is disposed of accordingly. P.S.GOPINATHAN JUDGE pkk