IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Crl.Rev.Pet.No. 1433 of 2008() ------------------------------ CRA.347/2007 of ADDL.SESSIONS COURT (ADHOC), KOTTAYAM ST.1550/2005 of JUDL. MAGISTRATE OF FIRST CLASS-II(MOBILE), KOTTAYAM .................... REVN. PETITIONER/APPELLANT/ACCUSED: ------------------ BIJU P DAVID PATTIMADATHIL HOUSE, VADAVATHOOR.P.O., KOTTAYAM. BY ADV. SRI.T.K.SHAJAHAN RESPONDENTS/COMPLAINANT & STATE: ------------- 1. ALEX MANI, THEKKEKKARA HOUSE,KOLLAD, NOW RESIDING AT AMAYANNOOR.P.O., KOTTAYAM REPRESENTED BY POWER OF ATTORNEY HOLDER SHAJI K ABRAHAM, S/O.ABRAHAM S/O.ABRAHAM KAVANASSERIL HOUSE, MOOLAVATTOM.P.O., KOTTAYAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ---------------------- Crl.R.P.No.1433 of 2008 ---------------------------------------- Dated this the 29th day of April 2008 O R D E R This revision petition is directed against a concurrent verdict of guilty, conviction and sentence in a prosecution under Section 138 of the Negotiable Instruments Act. The petitioner now faces a sentence of imprisonment till rising of court and to pay a fine of Rs.1,00,000/- and in default to undergo S.I for a period of three months. 2. After discussions at the Bar, the learned counsel for the petitioner does not strain to assail the verdict of guilty and conviction or the sentence. The learned counsel for the petitioner only prays that the petitioner may be given two months time to make the payment and avoid the default sentence. 5. Having gone through the impugned concurrent judgments, I am satisfied that the verdict of guilty and conviction or the modified sentence imposed do not warrant any interference. I am satisfied that the petitioner can be given breathing time to raise and pay the fine amount and avoid the default sentence. Crl.R.P.No.1433/08 2 6. This Crl.R.P is in these circumstances dismissed but with the observation that the impugned sentence shall not be executed prior to 30/06/2008. The petitioner shall on or before that date appear before the learned Magistrate for undergoing the impugned sentence. (R.BASANT, JUDGE) jsr Crl.R.P.No.1433/08 3 Crl.R.P.No.1433/08 4 R.BASANT, J Crl.M.A.Nos.21 & 65 of 2008 in Crl.R.P.No.765 of 2007 ORDER 17th DAY OF JANUARY 2008