High Court Kerala High Court

G.Unnikrishnan vs Sajeevan on 10 April, 2007

Kerala High Court
G.Unnikrishnan vs Sajeevan on 10 April, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 1556 of 2007()



1. G.UNNIKRISHNAN
                      ...  Petitioner

                        Vs

1. SAJEEVAN
                       ...       Respondent

                For Petitioner  :SRI.S.RAJEEV

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :10/04/2007

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

                        ---------------------------------------------

                          CRL.R.P.No.1556 of 2007

                         ---------------------------------------------

                    Dated this the 10th day of April, 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 imprisonment

till the rising of the court and to pay a compensation of

Rs.50,000/- to the complainant and in default, to undergo simple

imprisonment for two months.

2. The counsel for the revision petitioner has submitted

that the cheque amount is only Rs.35,000/- and the trial court

has only directed to pay a sum of Rs.40,000/- as compensation.

It is pointed out that it is his contention that in fact he has not

received any amount from the complainant. The counsel for the

revision petitioner has only sought for modification of the

sentence and time to pay the amount of compensation. In the

circumstances, the sentence is modified to imprisonment till the

rising of the court and to pay a sum of Rs.40,000/- as

compensation and in default, to undergo simple imprisonment

for three months. Revision petitioner is granted six months’ time

CRRP1556/2007 Page numbers

from today onwards to pay the amount of compensation. He shall

appear before the Judicial First Class Magistrate Court –

Kodungallur on 10.10.2007 to receive the sentence. Non

bailable warrant, pending, if any shall be kept in abeyance till

10.10.2007.

The criminal revision petition is disposed of as above.

K.R.UDAYABHANU,

JUDGE

csl