V SUDHEER VALAPPIL Vs. JAYAPRAKASH AND ORS

JUDGEMENT

(1.) The petitioner is the accused in S.T.No.649/2009 before the Judicial First Class Magistrate's Court-II, Perambra. The prosecution was one under Section 138 of the Negotiable Instruments Act. The Magistrate convicted the petitioner and sentenced him to undergo simple imprisonment for six months and to pay a compensation of Rs. 3,50,000/- to the complainant, with a default sentence of simple imprisonment for a further period of two months. In Crl.Appeal No.810/2011 filed by the petitioner against the judgment of the court below, the Court of Session, Kozhikode Division, confirmed the conviction setting aside the sentence of simple imprisonment for six months, but imposing a fine of Rs. 3,81,000/-, instead, which was directed to be paid to the complainant as compensation, with a default sentence of simple imprisonment for three months. The judgments of the courts below are under challenge in this Criminal Revision Petition.

(2.) Today when the matter was taken up, the learned counsel for the petitioner submits that the petitioner confines relief for six months' time to pay the compensation amount. Despite service of notice, the 1st respondent has not entered appearance to contest the matter.

(3.) Having considered the matter, I dispose of this Criminal Revision Petition as follows;