S.Vidhyadharan vs S.Balaji on 29 March, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 1374 of 2007()


1. S.VIDHYADHARAN, S/O.SURENDRAN,
                      ...  Petitioner

                        Vs



1. S.BALAJI, T.C.20/2626, S.S.STREET,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.THIRUMALA P.K.MANI

                For Respondent  : No Appearance

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

 Dated :29/03/2007

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

           =================================

                          CRL. R.P. NO.  1374 OF 2007

           =================================

                    Dated this the 29th  day of March 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 rising of the court

and to pay a fine of Rs.53,000/- and in default to undergo simple

imprisonment for 15 days. The fine amount if realised an amount of

Rs.50,000 shall be paid to the complainant as compensation vide

section 351(1)(b) Cr.P.C.

2. The counsel for the revision petitioner has only sought for

modification of sentence and for time to make the payment. In the

circumstances, the sentence with respect to the payment of fine of

Rs.53,000/- is modified to Rs.50,000/- with the default clause and

direction to pay the same to the complainant. The revision petitioner

is granted six months time from today onwards to make the payment.

The revision petitioner shall appear before Chief Judicial Magistrate,

Thiruvananthapuram on 28.09.2007. Non bailable warrant pending if

any shall be kept in abeyance.

The Crl. R.P is disposed of accordingly.

K.R. UDAYABHANU, JUDGE.

RV