Mathew George vs State Of Kerala on 8 February, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 572 of 2007()


1. MATHEW GEORGE,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. DR.RAMAYYA,

                For Petitioner  :SRI.SASTHAMANGALAM S. AJITHKUMAR

                For Respondent  : No Appearance

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

 Dated :08/02/2007

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


                        CRL.R.P.NO.572 of 2007


       DATED THIS THE 8TH   DAY OF  FEBRUARY 2007


                                     ORDER

The revision petitioner, who is the accused in

C.C.No.607/2005 in the file of the Chief Judicial Magistrate Court,

Thodupuzha, with respect to the offence under Section 138 of the

Negotiable Instruments Act, stands convicted and sentenced to

undergo simple imprisonment for a period of three months and

to pay a fine of Rs.30,000/- and in default to undergo simple

imprisonment for one month. If the fine amount is realised,

Rs.25,000/- is to be paid to the complainant under Section 357

(1)(b) Cr.P.C. Counsel for the revision petitioner has confined his

plea for modification of the sentence.

2. In the circumstances, the same is allowed and the

sentence is modified to imprisonment till the rising of the court

and to pay a compensation of Rs.25,000/- to the complainant

under Section 357(3) Cr.P.C. and in default to undergo simple

imprisonment for one month. The petitioner is granted three

months time to remit the amount. He shall appear before the

CRRP.572/2007 -2-

court below on 9-5-2007 to receive sentence. The Crl.R.P.is

disposed of accordingly.

K.R.UDAYABHANU, JUDGE

ks.