IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 1556 of 2007()
1. G.UNNIKRISHNAN
... Petitioner
Vs
1. SAJEEVAN
... Respondent
For Petitioner :SRI.S.RAJEEV
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :10/04/2007
O R D E R
K.R.UDAYABHANU, J
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CRL.R.P.No.1556 of 2007
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Dated this the 10th day of April, 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 imprisonment
till the rising of the court and to pay a compensation of
Rs.50,000/- to the complainant and in default, to undergo simple
imprisonment for two months.
2. The counsel for the revision petitioner has submitted
that the cheque amount is only Rs.35,000/- and the trial court
has only directed to pay a sum of Rs.40,000/- as compensation.
It is pointed out that it is his contention that in fact he has not
received any amount from the complainant. The counsel for the
revision petitioner has only sought for modification of the
sentence and time to pay the amount of compensation. In the
circumstances, the sentence is modified to imprisonment till the
rising of the court and to pay a sum of Rs.40,000/- as
compensation and in default, to undergo simple imprisonment
for three months. Revision petitioner is granted six months’ time
CRRP1556/2007 Page numbers
from today onwards to pay the amount of compensation. He shall
appear before the Judicial First Class Magistrate Court –
Kodungallur on 10.10.2007 to receive the sentence. Non
bailable warrant, pending, if any shall be kept in abeyance till
10.10.2007.
The criminal revision petition is disposed of as above.
K.R.UDAYABHANU,
JUDGE
csl