Thomas Joseph vs Maju John on 23 February, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 788 of 2007(E)


1. THOMAS JOSEPH, S/O. JOSEPH,
                      ...  Petitioner

                        Vs



1. MAJU JOHN, S/O. JOHN,
                       ...       Respondent

2. STATE OF KERALA,

                For Petitioner  :SRI.S.RAJEEV

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :23/02/2007

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

                         ---------------------------------------------

                            CRL.R.P.No.788 of 2007

                          ---------------------------------------------

              Dated this the 23rd day of February, 2007






                                         ORDER

Revision petitioner stands convicted for the offence under

Section 138 of the Negotiable Instruments Act and sentenced,

modified by the appellate court, to undergo imprisonment till

the rising of the court and to pay fine of Rs.65,000/- to the

complainant and in default, to undergo simple imprisonment for

one month vide Section 357(1) of Code of Criminal Procedure

and that out of the fine amount, complainant is entitled to get a

sum of Rs.60,000/-.

2. Counsel for the revision petitioner has only sought for

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

the circumstances, sentence is modified to imprisonment till the

rising of the court and to pay compensation of Rs.60,000/- to the

complainant vide Section 357(3) of Code of Criminal Procedure

and in default, to undergo simple imprisonment for a period of

three months. Revision petitioner is granted four months’ time

CRRP788/2007 Page numbers

to pay the amount of compensation. He shall appear before the

Court of Chief Judicial Magistrate, Thodupuzha, Muttom on

28.6.2007 to receive the sentence.

The Criminal Revision Petition is disposed of as above.

K.R.UDAYABHANU,

JUDGE

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