A.J.Tojo vs State Of Kerala Represented By on 1 March, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 933 of 2007()


1. A.J.TOJO, S/O JOHN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY
                       ...       Respondent

2. DR.P.REVI,

                For Petitioner  :SRI.S.SREEKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.R.UDAYABHANU

 Dated :01/03/2007

 O R D E R
                          K.R. UDAYABHANU, J

               ================================

                      CRL. R.P. NO.  933 OF 2007

               ================================

                Dated this the 1st day of March 2007




                                  O R D E R

The revision petitioner stands convicted for the offence

under section 138 of the Negotiable Instruments Act and

sentenced to pay a compensation of Rs.15,000/- and in default to

undergo simple imprisonment for two months.

2. The counsel for the revision petitioner has only sought

for time to make the payment. The counsel for the revision

petitioner pleaded for reducing the amount of compensation. The

cheque amount is Rs.8,700/-. I find that there is no justification

for reducing the compensation without hearing the

respondent/complainant. The court below has imposed the

compensation under section 357(3) Cr.P.C without imposing any

substantial sentence which is not contemplated under section 357

(3) Cr.P.C. It is submitted that the revision petitioner/accused is

too poor to raise the amount. In the circumstances, the revision

petitioner is granted four months time from today onwards to

CRL. R.P. NO. 933 OF 2007

: 2 :

make the payment. The revision petitioner shall appear before

Judicial First Class Magistrate, Thodupuzha on 30.06.2007 to

receive sentence.

The Crl. R.P is disposed of accordingly.

K.R. UDAYABHANU, JUDGE.

RV