IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU WEDNESDAY, THE 28TH FEBRUARY 2007 / 9TH PHALGUNA 1928 Crl.Rev.Pet.No. 17 of 2007(B) ---------------------------- CRA.397/2005 of SESSIONS COURT, KOLLAM CC.688/2003 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOTTARAKKARA .................... REVN. PETITIONER: APPELLANT/ACCUSED: ------------------------------------ K.S.RAVIKUMAR, AGED 49 YEARS, PROPRIETOR, GANESH REFRIGERATION INDUSTRIES, NEAR ELECTRIC SUB STATION, KOTTARAKKARA. BY ADV. SRI.PRATHEESH.P RESPONDENTS: RESPONDENT/COMPLAINANT & STATE: -------------------------------------------------------------- 1. P.S.JUBIN, S/O.SREEDHARAN, PLAVILA VEEDU, MADANTHACODE MURI, KAREEPRA VILLAGE, KOTTARAKKARA. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. AMJAD ALI, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/02/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.R. UDAYABHANU, J ================================= CRL. R.P. NO. 17 OF 2007 ================================= Dated this the 28th day of February 2007 O R D E R The revision petitioner stands convicted for the offence under section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for five months and to pay a sum of Rs.90,000/- as compensation to the complainant vide section 357 (3) Cr.P.C and in default to undergo simple imprisonment for 9 months. 2. The counsel for the revision petitioner has sought for modification of sentence and for time to make the payment. In the circumstances, sentence is modified to imprisonment till rising of the court. The rest of the sentence is retained and affirmed. The revision petitioner is granted six months time from today onwards to make the payment. He shall appear before Judicial First Class Magistrate, Kottarakara on 30.08.2007 to receive sentence. The Crl. R.P is disposed of accordingly. K.R. UDAYABHANU, JUDGE. RV