IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 1433 of 2008()
1. BIJU P DAVID PATTIMADATHIL HOUSE,
... Petitioner
Vs
1. ALEX MANI, THEKKEKKARA HOUSE,KOLLAD, NOW
... Respondent
2. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.T.K.SHAJAHAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :29/04/2008
O R D E R
R.BASANT, J
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Crl.R.P.No.1433 of 2008
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Dated this the 29th day of April 2008
O R D E R
This revision petition is directed against a concurrent
verdict of guilty, conviction and sentence in a prosecution under
Section 138 of the Negotiable Instruments Act. The petitioner
now faces a sentence of imprisonment till rising of court and to
pay a fine of Rs.1,00,000/- and in default to undergo S.I for a
period of three months.
2. After discussions at the Bar, the learned counsel for
the petitioner does not strain to assail the verdict of guilty and
conviction or the sentence. The learned counsel for the
petitioner only prays that the petitioner may be given two
months time to make the payment and avoid the default
sentence.
5. Having gone through the impugned concurrent
judgments, I am satisfied that the verdict of guilty and conviction
or the modified sentence imposed do not warrant any
interference. I am satisfied that the petitioner can be given
breathing time to raise and pay the fine amount and avoid the
default sentence.
Crl.R.P.No.1433/08 2
6. This Crl.R.P is in these circumstances dismissed but
with the observation that the impugned sentence shall not be
executed prior to 30/06/2008. The petitioner shall on or before
that date appear before the learned Magistrate for undergoing
the impugned sentence.
(R.BASANT, JUDGE)
jsr
Crl.R.P.No.1433/08 3
Crl.R.P.No.1433/08 4
R.BASANT, J
Crl.M.A.Nos.21 & 65 of 2008
in Crl.R.P.No.765 of 2007
ORDER
17th DAY OF JANUARY 2008