IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU TUESDAY, THE 13TH FEBRUARY 2007 / 24TH MAGHA 1928 Crl.Rev.Pet.No. 665 of 2007() ----------------------------- CRA.211/2006 of SPL. COURT (NDPS ACT CASES), THODUPUZHA CC.14/2005 of CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA .................... REVN. PETITIONER/APPELLANT/ACCUSED: ------------------------------------------------------------- V.K.JOY, PROPRIETOR, V.K.G. ENGINEERING WORKS, KUMMAMKALLU, VELAMPLACKAL, EDAVETTY, THODUPUZHA. BY ADV. SRI.SHAJI THOMAS PORKKATTIL SRI.BINU PAUL RESPONDENTS/ STATE & RESPONDENT/COMPLAINANT ------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. VIJAYA HARDWARE AND SANITARY, THODUPUZHA, REPRESENTED BY MANAGING PARTNER, JAIN M.JOSEPH, MEENAMKUNNEL, VAZHITHALA, THODUPUZHA. BY PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 13/02/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.R.UDAYABHANU, J --------------------------------------------- Crl.R.P.No.665 of 2007 --------------------------------------------- Dated this the 13th day of February, 2007 ORDER Revision petitioner stands convicted for the offence under Section 138 of the Negotiable Instruments Act and sentenced, as modified by the Sessions Judge, to undergo simple imprisonment for a period of three months and to pay fine of Rs.1,40,000/- and in default, to undergo simple imprisonment for a period of three months. Learned counsel for the revision petitioner has prayed for modification of the sentence and for reducing the fine amount to Rs.1,30,000/- as the cheque amount is only Rs.1,28,944/-. It is pointed out that the trial court had only directed Rs.1,30,000/- to be paid to the complainant. It is submitted that the business of the revision petitioner has totally collapsed and that he has no means to raise the amount. 2. In the circumstances, the sentence is modified to imprisonment till the rising of the court and to pay compensation of Rs.1,30,000/- to the complainant under Section 357(3) of Code of Criminal Procedure and in default, to undergo CRRP665/2007 Page numbers simple imprisonment for a period of three months. The petitioner is granted six months' time to pay the amount of compensation. He shall appear before the Chief Judicial Magistrate Court, Thodupuzha on 14.8.2007 to receive the sentence. The Criminal Revision Petition is disposed of as above. K.R.UDAYABHANU, JUDGE csl CRRP665/2007 Page numbers M.SASIDHARAN NAMBIAR, J S.A.No.709 of 1996 JUDGMENT CRRP665/2007 Page numbers 1st February, 2007 CRRP665/2007 Page numbers