IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU TUESDAY, THE 20TH NOVEMBER 2007 / 29TH KARTHIKA 1929 Crl.Rev.Pet.No. 1107 of 2000() ------------------------------ CRA.155/2000 of V ADDL.SESSIONS COURT, ERNAKULAM C.C.NO.1208/97 OF JFCM-I, ERNAKULAM .................... REVN. PETITIONERS APPELLANTS/ACCUSED: -------------------------------------------------------------- 1. THE UBENM-STEADY INTERNATIONAL LTD. REP. BY ITS MANAGING DIRECTOR STEADY HOUSE, KUDAYAMPADY JUNCTION KOTTAYAM. 2. JACOB G.CHERIAN MANAGING DIRECTOR UBENM STEADY INTERNATIONAL LTD. STEADY HOUSE, KUDAYAMPADY JUNCTION KOTTAYAM. BY ADV. SRI.NAIR AJAY KRISHNAN SRI.NAGARAJ NARAYANAN RESPONDENTS: RESPONDENTS ------------- 1. P.B.SUNIL, S/O.BHASKARAN PUTHUKALATHIL HOUSE EDAKATTUVAYAL P.O. AROKUNNAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY ADV. SRI.K.K.VIJAYAKUMAR BY PUBLIC PROSECUTOR SRI.C.K.SURESH THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 20/11/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.R.P.NO.1107/2000 ORDER ON CRL.M.P.NO.5842/2000 IN CRL.R.P.NO.1107/2000 DISMISSED 20.11.2007 SD/- K.R.UDAYABHANU, JUDGE /TRUE COPY/ P.A. TO JUDGE K.R.UDAYABHANU, J --------------------------------------------- Crl.R.P.No.1107 of 2000 --------------------------------------------- Dated this the 20th day of November, 2007 O R D E R The revision petitioners who are the accused have sought for setting aside the order of the appellate court dismissing the appeal for default due to the non payment of batta for sending notice. The trial court convicted the revision petitioners and sentenced A1 company to pay a fine of Rs.5,000/- and A2, the Managing Director of the company, is sentenced to undergo simple imprisonment for six months and to pay a fine of Rs.5,000/- and in default, to undergo simple imprisonment for two months. 2. The case of the complainant is that the accused issued a cheque for Rs.46,850/- to the complainant towards existing liabilities and the same when presented got dishonoured for want of funds in the account of the accused. 3. Counsel for the revision petitioners has only sought for modification of the sentence. In the circumstances, the sentence imposed on the second revision petitioner/A2 is CRRP1107/2000 2 modified to imprisonment till the rising of the court and to pay a compensation of Rs.47,000/- to the complainant and in default, to undergo simple imprisonment for three months. The sentence imposed on A1 is confirmed. The revision petitioners/accused is granted four months' time to remit the amount of compensation. A2 shall appear before the Judicial First Class Magistrate Court-I, Ernakulam on 19.3.2008 to receive sentence. The criminal revision petition is disposed of accordingly. K.R.UDAYABHANU, JUDGE csl