M.C.Divakaran vs M.K.Aliyar on 5 March, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 938 of 2007()


1. M.C.DIVAKARAN, S/O. KUTTAPPAN,
                      ...  Petitioner

                        Vs



1. M.K.ALIYAR,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.P.C.HARIDAS

                For Respondent  : No Appearance

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

 Dated :05/03/2007

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

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

                         CRL. R.P. NO.  938 OF 2007

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

                    Dated this the 5th 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, as

modified by the appellate court, to undergo simple imprisonment for

two months and to pay a compensation of Rs.84,000/- under section

357(3) Cr.P.C towards the compensation for the loss sustained to the

complainant and in default to undergo simple imprisonment for 45

days.

2. The counsel for the revision petitioner has sought for

modification of sentence and for time to make the payment. In the

circumstances, sentence is modified to imprisonment till rising of the

court and to pay the amount of compensation as ordered by the court

below with the default sentence. The revision petitioner is granted six

months time from today onwards to make the payment. The revision

petitioner shall appear before Judicial First Class Magistrate,

Perumbavur on 30.08.2007 to receive sentence.

The Crl. R.P is disposed of accordingly.

K.R. UDAYABHANU, JUDGE.

RV