IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 Crl.Rev.Pet.No. 3510 of 2009() ------------------------------ CRA.851/2007 of ADDL.SESSIONS COURT, KOTTAYAM ST.274/2006 of JUDL. MAGISTRATE OF FIRST CLASS-II (MOBILE), KOTTAYAM .................... REVN. PETITIONER: REVISION PETITIONER/APPELLANT/ACCUSED ---------------------------------------------------------- P.ASIAPPA, SALIM FRUITS STALL, MUNICIPAL ARCADE, KAVALA, CHANGANASSERY, KOTTAYAM DISTRICT. BY ADV. SRI.JOMY GEORGE SRI.M.J.BENNY SRI.SEBASTIAN THOMAS RESPONDENTS: RESPONDENTS/COMPLAINANT & STATE ---------------------------------------------- 1. P.A.JOHNSON, PROPRIETOR, M/S.A.J.G.FRUITS MERCHANTS OLD MARKET, KOTTAYAM, KOTTAYAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ---------------------------------------- Crl.R.P.No.3510 of 2009 ---------------------------------------- Dated this the 17th day of November, 2009 ORDER The Judicial Magistrate of the First Class-II(Mobile), Kottayam in S.T.No.274 of 2006 found the revision petitioner guilty for offence under Section 138 of the Negotiable Instruments Act. Consequently, he was convicted and sentenced to simple imprisonment for two months and ordered to pay Rs.60,000/- as compensation to the first respondent under Section 357(3) of the Code of Criminal Procedure. In Criminal Appeal No.851 of 2007 the conviction was confirmed. The sentence was reduced to imprisonment till rising of the court and fine of Rs.60,000/- with default sentence of simple imprisonment for two months. 2. Assailing the legality, correctness and propriety of the above conviction and sentence, this revision petition was filed. 3. Today when the revision petition came up for admission, the learned counsel for the revision petitioner submitted that he is not assailing the conviction and sentence. But he is seeking only time for payment of fine. Crl.R.P.No.3510 of 2009 2 In the result the revision petition is dismissed. The revision petitioner is granted six months time to pay the fine amount. Till then, the bail bond executed by the revision petitioner shall remain in force. P.S.GOPINATHAN, JUDGE skj