IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 Crl.Rev.Pet.No. 1071 of 2001 ---------------------------------------------- CRA.284/1999 of I ADDL. SESSIONS COURT, THRISSUR CC.441/1998 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD .................... REVN. PETITIONER/APPELLANT/ACCUSED: P.U.JAYARAJ, S/O P.A.UNNI, AGED 50, PALLIMAKKAL VEEDU, CHETTUPUZHA VILLAGE, CHETTUPUZHA DESOM, THRISSUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS RESPONDENTS1ST /RESPONDENT/COMPLAINANT: 1. K.K.PARAMESWARAN, S/O KRISHNAN, AGED 53, KIZHAKKEKARA HOUSE, THANAVEETHY, MULLASSERY, CHAVAKLKAD TALUK, THRISSR DIST. 2. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.P.RAMACHANDRAN FOR R1 BY PP SRI.T.J.AMBOOKEN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 25/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.P.NO.5059/2001 IN CRL.R.P.NO.1071/2001 DISMISSED 25.5.2009 SD/-K.P.BALACHANDRAN, JUDGE /TRUE COPY/ P.A. TO JUDGE K.P. Balachandran, J. -------------------------- Crl.R.P.No.1071 of 2001 -------------------------- ORDER Heard counsel for the petitioner and the first respondent. 2. The only plea that is advanced before me by the learned counsel for the petitioner is to have the sentence of imprisonment set aside and submits that as the law now stands, sentence of imprisonment for default of fine can be granted and therefore, the imprisonment awarded may be modified so as to be a term of imprisonment in default of payment of fine. Counsel for the first respondent also is agreeable to that course. In the result, I modify the sentence imposed by the courts below setting aside the substantive term of imprisonment awarded to the petitioner. The petitioner is directed to pay the compensation amount of Rs.75,000/- ordered by the courts below under Section 357 Cr.P.C. to the first respondent CRRP 1071/01 2 positively within one month from today and to report the matter before the concerned Magistrate. In case of failure, the petitioner shall undergo simple imprisonment for a term of three months. In the event of compensation not being paid within one month to the first respondent, the petitioner shall surrender before the Judicial First Class Magistrate, Chavakkad positively on 26.6.2009 to suffer the default sentence. This revision is disposed of as above. 25th May, 2009 (K.P.Balachandran, Judge) tkv CRRP 1071/01 3 K.P.Balachandran, J. -------------------------- Crl.R.P.No.1071 of 2001 -------------------------- ORDER 25th May, 2009