IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 Crl.Rev.Pet.No. 3348 of 2004(C) ------------------------------- CC.372/1996 of JFCM, NEDUMANGAD CRA.24/1998 of II ADDL. SESSIONS COURT, TRIVANDRUM .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: --------------------------------------- RAJAGOPALAN, DEEPA JEWELLARY, NEDUMANGAD. BY ADV. SRI.SUMAN CHAKRAVARTHY SRI.SANDEEP T.GEORGE RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------- 1. SUBHASHINI, D/O. SARADA, KANNARAMCODE, KALLADUKKIL VEEDU, VANDA, NEDUMANGAD. 2. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADV. SRI.K.SATHEESH KUMAR FOR R1 SRI.T.A.UNNIKRISHNAN FOR R1 PUBLIC PROSECUTOR SRI.SABU SREEDHARAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 28/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.A.No.15288/2004 in Crl.R.P.No.3348/2004 Dismissed. 28-09-2010 Sd/-, P.Q.BARKATH ALI, JUDGE /True Copy/ P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.3348 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of September, 2010 ORDER Revision petitioner is the accused in C.C.No.372/1996 on the file of Judicial First Class Magistrate II, Negumangad and appellant in Crl.Appeal No.24/1998 on the file of II Addl. Sessions Court, Thiruvananthapurm. He was convicted under Section 138 of Negotiable Instruments Act and sentenced to undergo simple imprisonment for six months and to pay Rs. 66,500/- as compensation to the complainant, in default to undergo simple imprisonment for three months by the Magistrate. On appeal by the accused, the II Addl. Sessions Judge, Thiruvananthapum by judgment dated November 9, 2004 in Crl.Appeal No.24/1998 confirmed his conviction, but modified the sentence to the effect that he was sentenced to undergo imprisonment till the rising of court and to pay a compensation of Rs. 70,000/-. The revision petitioner has now come up in revision challenging his conviction and sentence. Crl.R.P.No.3348/2004 2 2. When the revision petition came up for hearing today, counsel for the revision petitioner submitted that revision petitioner may be granted some time for paying the compensation as ordered by the lower appellate court. The counsel for the revision petitioner requested for four months time. 3. This is opposed by the counsel for the revision first respondent. Taking into consideration the fact that the transaction is of the year 1996, I feel that four months time can be granted to the revision petitioner for payment of compensation. In the result, confirming the conviction of the revision petitioner under Section 138 of Negotiable Instruments Act and the sentence of the revision petitioner imposed by the trial court which is modified by the lower appellate court, this revision petition is dismissed. Revision petitioner shall surrender before the trial court on or before 20/10/2010 to suffer the sentence. Four months time is granted for payment of compensation. His bail bonds are cancelled. P.Q.BARKATH ALI JUDGE sv. Crl.R.P.No.3348/2004 3