IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 1048 of 2010()
1. BENS PAUL, AGED 48 YEARS, S/O.PAUL,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. ELDHOSE SKARIA, S/O.SKARIA, OLICKAL
For Petitioner :SRI.S.JIJI
For Respondent : No Appearance
The Hon'ble MR. Justice V.K.MOHANAN
Dated :28/10/2010
O R D E R
V.K.MOHANAN, J.
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Crl. R.P.No.1048 of 2010
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Dated this the 28th day of October, 2010.
O R D E R
Challenging the conviction and sentence u/s.138 of
Negotiable Instruments Act, the accused preferred this revision
petition.
2. The counsel for the revision petitioner submitted that the
revision petitioner has no contention on merit and he require some
time to pay the compensation amount and it is also the
submission of the learned counsel that the revision petitioner may
be permitted to pay the compensation amount directly to the
complainant. I find no reason to deny the above request and
while granting 3 months time to pay the compensation, the
amount can be enhanced slightly.
In the result, this revision petition is disposed of confirming
the conviction against the revision petitioner u/s.138 of Negotiable
Instruments Act as recorded by the courts below. Accordingly,
while confirming the sentence of imprisonment as ordered by the
court below, the revision petitioner is directed to pay a sum of
Rs.2,40,000/- as compensation to the complainant u/s.357(3) of
2
Crl. R.P.No.1048 of 2010
Cr.P.C.,within 3 months from today. Accordingly the revision
petitioner is directed to appear before the trial court on 28.1.2011,
to receive the sentence of imprisonment and to pay the
compensation amount as directed by this court. It is made clear
that the revision petitioner is free to pay the above amount of
compensation either directly to the complainant or by remitting the
same in the trial court, which ever subject to the satisfaction of
the learned Magistrate of the trial court. In case, any failure on
the part of the revision petitioner in appearing before the court
below as directed above and in paying the compensation amount,
the trial court is free to take coercive steps to secure the
presence of the revision petitioner and to execute the sentence
awarded against the revision petitioner. The execution of warrant
if any, pending against the revision petitioner shall be deferred till
28.1.2011.
Criminal revision petition is disposed of accordingly.
V.K.MOHANAN,
Judge.
ami/