K C KURIYAN Vs. V P VARUNNY

JUDGEMENT

(1.) THIS revision petition is filed against a concurrent verdict of guilty, conviction and sentence in a prosecution under Section 138 of the Negotiable Instruments Act. The trial court convicted and sentenced him to undergo simple imprisonment for three months and to pay a compensation of Rs.1,40,000/- under Section 357(3) Cr.P.C and in default to undergo simple imprisonment for one month. That conviction has been confirmed by the appellate court and modified the sentence as to imprisonment till rising of court and to pay compensation of Rs.1,25,000/- to the 1st respondent and in default to undergo simple imprisonment for two months. THIS has been challenged by the accused/revision petitioner in this revision petition.

(2.) HEARD the learned counsel for the revision petitioner and the 1st respondent. HEARD the learned Public Prosecutor also.

(3.) IN the circumstances, this revision petition is dismissed. Conviction and sentence as modified by the appellate court is confirmed. The revision petitioner is given time till 09/05/2011 to pay the amount of compensation of Rs.1,25,000/- (Rupees one lakh twenty five thousand only) and thus avoid the default sentence. If realised, the entire amount shall be released to the complainant on proper application. The petitioner shall appear and his sureties shall produce him before the learned Magistrate on or before 10/05/2011 for execution of the sentence.