IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU MONDAY, THE 12TH FEBRUARY 2007 / 23RD MAGHA 1928 Crl.Rev.Pet.No. 632 of 2007 ----------------------------- CRA.54/2004 of ADDL. SESSIONS COURT (ADHOC-I), KOLLAM CC.606/2002 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOTTARAKKARA .................... REVN. PETITIONER: APPELLANT/ACCUSED ----------------------------------- K.S.UNNIKRISHNAN, OVERSEER, K.S.E.B. MANJOR SECTION, KANJANGAD, HOSDURG, KASARAGOD (DISTRICT). BY ADV. SRI.D.KISHORE RESPONDENTS: RESPONDENTS/COMPLAINANT & STATE -------------------------------------------- 1. A.R.SALIM, ATTUMPURATHU VEEDU, PAZHAYATTINKUZHI, VADAKKEVILA P.O., KOLLAM. 2. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR. C.M.KAMMAPPU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 12/02/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.R. UDAYABHANU, J. CRL.R.P.NO.632 of 2007 DATED THIS THE 12TH DAY OF FEBRUARY 2007 ORDER The revision petitioner stands convicted for the offence under Section 138 of the Negotiable Instruments Act and sentenced, as modified by the Sessions Judge, to undergo simple imprisonment for three months and to pay a compensation of Rs.75,000/-. Counsel for the revision petitioner has only sought for modification of the sentence. The mandatory imprisonment is avoided. In the circumstances, the sentence is modified to imprisonment till the rising of the court and to pay a compensation of Rs.75,000/- under Section 357(3) Cr.P.C.and in default to undergo simple imprisonment for three months. The revision petitioner is granted one month's time from today to pay the amount of compensation. He shall appear before the Judicial First Class Magistrate-II, Kottarakkara to receive the sentence on 15-3-2007. The Crl.R.P.is disposed of accordingly. Sd/- K.R.UDAYABHANU, JUDGE ks. TRUE COPY CRMC -2-