IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU MONDAY, THE 2ND APRIL 2007 / 12TH CHAITHRA 1929 Crl.Rev.Pet.No. 923 of 2007(A) ------------------------------ CRA.479/2001 of SESSIONS COURT, TRIVANDRUM CC.415/2000 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, ATTINGAL .................... REVN. PETITIONER: APPELLANT/ACCUSED -------------------------------------------------------------- J.J.LATHIKA, D/O.JAGADAMMA KARTHIKA, NEAR MARKET ROAD THAZHAMANKONAM, ATTINGAL VILLAGE. BY ADV. SRI.VINOD J.DEV SRI.PRAMOD J.DEV RESPONDENTS: RESPONDENT/COMPLAINANT ------------------------------------------------------------------ 1. SUDHAKARAN KIZHKEKOLLASSERY VEEDU CHIRAYINKEEZHU VILLAGE (DIED ON 9-06-2004) 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON ON 02/04/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.R.UDAYABHANU, J --------------------------------------------- CRL.R.P.No.923 of 2007 --------------------------------------------- Dated this the 2nd day of April, 2007 O R D E R The revision petitioner stands convicted for the offence under Section 138 of the Negotiable Instruments Act and sentenced, as modified by the appellate court, to undergo simple imprisonment for three months and to pay a compensation of Rs.5,00,000/- to the complainant and in default, to undergo simple imprisonment for three months. 2. Counsel for the revision petitioner has only sought for modification of the sentence and time to make the payment. In the circumstances, the sentence is modified to imprisonment till the rising of the court. The rest of the sentence is affirmed. It is submitted that the revision petitioner is too poor to raise the amount right now. In the circumstances, revision petitioner is directed to pay a sum of Rs.2,50,000/- on or before 3.10.2007 and the balance amount within three months thereafter. Revision petitioner shall appear before the Judicial First Class CRRP923/2007 Page numbers Magistrate Court-I, Attingal on 2.1.2008 to receive the sentence. The criminal revision petition is disposed of accordingly. K.R.UDAYABHANU, JUDGE csl