P.Asiappa vs P.A.Johnson on 17 November, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 3510 of 2009()


1. P.ASIAPPA, SALIM FRUITS STALL,
                      ...  Petitioner

                        Vs



1. P.A.JOHNSON, PROPRIETOR,
                       ...       Respondent

2. STATE OF KERALA,

                For Petitioner  :SRI.JOMY GEORGE

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice P.S.GOPINATHAN

 Dated :17/11/2009

 O R D E R
                     P.S.GOPINATHAN, J.
                ----------------------------------------
                   Crl.R.P.No.3510 of 2009
                ----------------------------------------
         Dated this the 17th day of November, 2009

                               ORDER

The Judicial Magistrate of the First Class-II(Mobile),

Kottayam in S.T.No.274 of 2006 found the revision petitioner

guilty for offence under Section 138 of the Negotiable

Instruments Act. Consequently, he was convicted and sentenced

to simple imprisonment for two months and ordered to pay

Rs.60,000/- as compensation to the first respondent under

Section 357(3) of the Code of Criminal Procedure. In Criminal

Appeal No.851 of 2007 the conviction was confirmed. The

sentence was reduced to imprisonment till rising of the court

and fine of Rs.60,000/- with default sentence of simple

imprisonment for two months.

2. Assailing the legality, correctness and propriety of the

above conviction and sentence, this revision petition was filed.

3. Today when the revision petition came up for

admission, the learned counsel for the revision petitioner

submitted that he is not assailing the conviction and sentence.

But he is seeking only time for payment of fine.

Crl.R.P.No.3510 of 2009
2

In the result the revision petition is dismissed. The

revision petitioner is granted six months time to pay the fine

amount. Till then, the bail bond executed by the revision

petitioner shall remain in force.

P.S.GOPINATHAN, JUDGE

skj