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