IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 3676 of 2006()
1. JYOTHIKUMAR,
... Petitioner
Vs
1. MANIKANTAN, S/O.PURUSHOTHAMAN PILLAI,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.P.V.ANIL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :20/11/2006
O R D E R
K.T.SANKARAN, J
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Crl.R.P.No.3676 of 2006
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Dated this the 20th day of November, 2006
ORD
ER
The petitioner, accused in C.C.No.327/2003 on the file of
the court of the Judicial Magistrate of First Class II- Attingal, was
convicted for the offence under Section 138 of the Negotiable
Instruments Act. The trial court sentenced him to undergo
simple imprisonment for a period of three months and to pay a
compensation of Rs. 53,000/- and in default of payment of
compensation, to undergo simple imprisonment for 3 weeks. The
petitioner challenged the conviction and sentence in Crl.Appeal
No.397/2004. The appellate court allowed the appeal in part,
confirmed the conviction and modified the sentence, imposing a
sentence for imprisonment till the rising of the court. The
direction to pay compensation of Rs.53,000/- was modified as
compensation of Rs.50,000/- and in default of payment, the
petitioner was directed to undergo simple imprisonment for a
period of three months.
2. The learned counsel for the petitioner submits that
CRRP3676/2006 -2-
the petitioner is prepared to pay the compensation. But at
present, due to the financial difficulties, he is not able to pay the
compensation within a short time. The counsel submits that
three months’ time may be granted to the petitioner to pay the
compensation amount. The request is reasonable and, therefore,
it is allowed.
In the light of what is stated above, the conviction and
sentence are confirmed. However, the petitioner is granted
three months’ time to pay the compensation amount. The
petitioner shall appear before the trial court on 19th December,
2006 for undergoing the imprisonment till the rising of the court
and shall also appear on such date as may be directed by the
trial court till the compensation amount is paid. It is made clear
that the execution of the default sentence in respect of the
compensation shall be kept in abeyance for a period of three
months.
K.T.SANKARAN,
JUDGE
csl
CRRP3676/2006 -2-
CRRP3676/2006 -2-
M.F.A. No. 329/2002B
J.B.KOSHY&M.N.KRISHNAN,JJ
JUDGMENT
Dated this the 9th November, 2006