IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 Crl.Rev.Pet.No. 2140 of 2008() ------------------------------ CRA.128/2006 of ADDL. SESSIONS COURT, THRISSUR CC.248/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD REVN. PETITIONER: RESPONDENT ---------------------------- MOHAMMED HANEEFA HAJI, S/O.KUNJU MOHAMMED, KALAPPURAKKAL HOUSE, CHAVAKKADU TALUK, VADANAPPILLY P.O. BY ADV. SRI.T.H.ABDUL AZEEZ SRI.K.P.MAJEED RESPONDENTS: APPELLANT/ ACCUSED ------------------------------- 1. MOLY, W/O.DAVIS, PALATTY HOUSE, PUTHENVELIKKARA, NORTH PARAVOOR, EKM DISTRICT. 2. STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.C.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 16/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. NO. 2140 OF 2008 * * * * * * * * * * * * * * * * * * Dated: 16th July 2008 ORDER The complainant in C.C. No. 248 of 2003 on the file of the J.F.C.M., Chavakkad which was a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881, in respect of a cheque for a sum of Rs. 1,25,000/- is the revision petitioner. The first respondent/accused was convicted by the courts below concurrently. As against the sentence of imprisonment for three months and to pay compensation of Rs. 1,30,000/- to the revision petitioner/complainant with a default sentence of simple imprisonment for three months, the lower appellate court deleted the substantive sentence of simple imprisonment but confirmed the other part of the trial court's order directing compensation and default sentence. The revision petitioner wants to have the sentence enhanced for the reason that the accused has not paid the compensation as directed. 2. Merely because the accused has not paid the amount within the time granted by the lower appellate court, it cannot constitute a ground for enhancing the sentence, particularly, when such default sentence has been imposed in the event of non-payment Crl.R.P. No. 2140 of 2008 -:2:- of compensation. If the grievance of the petitioner is that the accused has not paid the compensation amount, he can execute the sentence. I am not inclined to accede to the prayer of the petitioner to enhance the sentence. This Revision is accordingly dismissed. Dated this the 16th day of July 2008. V. RAMKUMAR, (JUDGE) ani.