IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU WEDNESDAY, THE 6TH JUNE 2007 / 16TH JYAISHTA 1929 Crl.Rev.Pet.No. 2089 of 2005(A) ------------------------------ CRA.295/2005 of ADDL.SESSIONS COURT, KOTTAYAM CC.402/2002 of JUDL. MAGISTRATE OF FIRST CLASS, ERATTUPETTA .................... REVN. PETITIONER: ACCUSED. ----------------------------------- M.K.SUDHA, T.C. 13/1393, SONIA NIVAS, KUMARAPURAM, MEDICAL COLLEGE P.O. TRIVANDRUM. BY ADV. SRI.PRABHU VIJAYAKUMAR SMT.K.L.SREEKALA SRI.HARIDAS P.NAIR RESPONDENTS: COMPLAINANT. ----------------------------------- 1. MATHUKUTTY JOSEPH, KADAPLACKAL, TEEKOYKARA, TEEKOY VILLAGE, NOW RESIDING AT VELLARINGATH BUILDING, KODUPADIKARA, KADANADU VILLAGE. 2. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. RAVINDRA BABU, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06/06/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.R. UDAYABHANU, J ================================= CRL. R.P. NO. 2089 OF 2005 ================================= Dated this the 6th day of June 2007 O R D E R The revision petitioner stands convicted for the offence under Section 138 of the Negotiable Instruments Act and sentenced, as modified by the appellate court, to undergo simple imprisonment for one month and to pay a compensation of Rs.1,65,000/- vide Section 357(3) Cr.P.C and in default to undergo simple imprisonment for one month. 2. The counsel for the revision petitioner has only sought for modification of sentence and for time to pay the amount of compensation. In the circumstances, the sentence is modified to imprisonment till the rising of the court. The rest of the sentence is confirmed. The revision petitioner is granted six months time from today onwards to pay the amount of compensation. The revision petitioner shall appear before Judicial First Class Magistrate, Erattupetta on 05.12.2007 to receive sentence. Non bailable warrant pending if any shall be kept in abeyance till then. The Crl. R.P is disposed of accordingly. K.R. UDAYABHANU, JUDGE. rv