IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 27TH DECEMBER 2011 / 6TH POUSHA 1933 Crl.Rev.Pet.No. 3086 of 2011() ------------------------------ CRA.661/2010 of ADDL. SESSIONS COURT (ADHOC), KOZHIKODE CC.494/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KOZHIKODE .................... REVN. PETITIONER(S): -------------------- KUNNUMMAL MOHANAN, S/O NANU, AGED 55 YEARS, KUNNUMMAL HOUSE, VADAKARA P.O., KOZHIKODE. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENT(S): -------------- 1. SATISHKUMAR B.LELE, S/O BHIKJI LELE, AGED 48, FLAT NO.22, EAST HILL APARTMENTS, EAST HILL, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY GOVT.PLEADER SRI. ABDUL SALAM THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 27/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BKA N.K. BALAKRISHNAN, J. ------------------------------------------ Crl. R.P. No: 3086 OF 2011 (U) ------------------------------------------ Dated this the 27th day of December, 2011 O R D E R The petitioner was convicted by the learned Magistrate for offence under section 138 of Negotiable Instruments Act. He was sentenced to undergo imprisonment till the rising of the court and to pay Rs.2,00,000/- as compensation. In appeal the same was confirmed by the learned Sessions Judge. 2. Though the learned counsel for the petitioner has addressed arguments challenging the correctness of the verdict of the conviction and sentence ordered by the two courts below against the petitioner, I find no reason to interfere with the same. Hence conviction and sentence passed against the petitioners are confirmed. 3. The learned counsel for the petitioner submits that he may be given time for payment of the amount. The Crl. R.P. No: 3086 OF 2011 (U) -2- petitioner will remit Rs.50,000/- within two weeks from today. It is submitted by the learned counsel that a sum of Rs.50,000/- has already been deposited. If so, the balance amount shall be paid/deposited in the Court below in two equal monthly instalments thereafter (ie, after the expiry of two weeks). If the petitioner fails to honour the undertakings given by him the learned Magistrate will proceed to execute the sentence. N.K. BALAKRISHNAN, JUDGE jjj