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N.K.Vijayan vs State Of Kerala on 29 October, 2010

Kerala High Court
N.K.Vijayan vs State Of Kerala on 29 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 3175 of 2010()


1. N.K.VIJAYAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. ZEENA JOMON,

                For Petitioner  :SRI.RAJIT

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.K.MOHANAN

 Dated :29/10/2010

 O R D E R
                         V.K.MOHANAN, J.
                       -------------------------------
                      Crl. R.P.No.3175 of 2010
                       -------------------------------
            Dated this the 29th day of October, 2010.

                            O R D E R

Challenging the conviction and sentence u/s.138 of

Negotiable Instruments Act, the accused preferred this revision

petition.

2. The counsel for the revision petitioner submitted that, the

revision petitioner has no contention on merit and he require

some time to pay the compensation amount, as he is a financially

poor person and had no such income to pay the huge amount

forthwith. Having regard to the facts and circumstances involved

in the case, I find no reason to deny the above request but while

granting 3 months time to pay the compensation, the amount can

be enhanced slightly.

In the result, this revision petition is disposed of confirming

the conviction against the revision petitioner u/s.138 of

Negotiable Instruments Act as recorded by the courts below.

Accordingly, while confirming the sentence of imprisonment as

revised and ordered by the appellate court and also the

compensation, the amount is enhanced to the tune of

2
Crl. R.P.No.3175 of 2010

Rs.3,05,000/-, which shall be paid to the complainant within 3

months from today u/s.357(3) of Cr.P.C. and in default of which

the revision petitioner is directed to undergo simple

imprisonment for 3 months. Accordingly, the revision petitioner

is directed to appear before the trial court on 29.1.2011, to

receive the sentence of imprisonment and to pay the

compensation amount as fixed by this court. In case, any failure

on the part of the revision petitioner in appearing before the

court below as directed above and in paying the compensation

amount, the trial court is free to take coercive steps to secure

the presence of the revision petitioner and to execute the

sentence awarded against the revision petitioner. The execution

of warrant if any, pending against the revision petitioner shall be

deferred till 29.1.2011.

Criminal revision petition is disposed of accordingly.

V.K.MOHANAN,
Judge.

ami/

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