High Court Kerala High Court

Viswajith Kurup vs M.P.Krishna Kumar on 12 April, 2007

Kerala High Court
Viswajith Kurup vs M.P.Krishna Kumar on 12 April, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 1609 of 2007()


1. VISWAJITH KURUP, S/O.RAMACHANDRAN,
                      ...  Petitioner
2. AUGUST HOLIDAYS (I) P LTD, 20. A,

                        Vs



1. M.P.KRISHNA KUMAR, PROPRIETOR, HEAVENLY
                       ...       Respondent

2. STATE OF KERALA, REP. BY

                For Petitioner  :SRI.K.SIVAKUMAR

                For Respondent  : No Appearance

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

 Dated :12/04/2007

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

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

                           CRL.R.P.No.1609 of 2007

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

                    Dated this the 12th day of April, 2007






                                     O R D E R

The revision petitioners stand convicted for the offence

under Section 138 of the Negotiable Instruments Act and

sentenced as follows:

A1 is convicted and sentenced to undergo simple imprisonment

for three months and to pay Rs.25,000/- as compensation to the

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

Procedure and in default, to undergo simple imprisonment for

one month.

A2 Firm is convicted and sentenced to pay a fine of Rs.5,000/-

under Section 138 of the Negotiable Instruments Act and if not

paid, to realise the fine amount from its assets.

2. Counsel for the revision petitioner has only sought for

modification of the sentence and time to pay the amount of

compensation. Considering the fact that the revision petitioners

are convicted in other cases as well, the sentence imposed on A1

is modified to imprisonment till the rising of the court. The rest

of the sentences are confirmed. The revision petitioners are

granted six months’ time from today onwards to remit the

compensation and fine amount. The revision petitioner shall

appear before the Judicial First Class Magistrate Court,

Ramankari on 15.10.2007 to receive the sentence.

The criminal revision petition is disposed of as above.

K.R.UDAYABHANU,

JUDGE

csl