VALSAN Vs. V M VARKEY

JUDGEMENT

(1.) 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 the rising of the court and to pay a fine of Rs.50,000/- and in default, to undergo simple imprisonment for three months and out of the fine amount, if realised, to pay an amount of Rs.45,000/- to the complainant.

(2.) COUNSEL for the revision petitioner has only sought for modification of the sentence and time to pay the amount of compensation. In the circumstances, the sentence is modified to imprisonment till the rising of the court and to pay a compensation of Rs.45,000/- to the complainant and in default, to undergo simple imprisonment for six months. Revision petitioner is granted six months' time from today onwards to remit the compensation amount. He shall appear before the Additional Chief Judicial Magistrate Court, Thalassery on 1.12.2007 to receive the sentence. Non bailable warrant pending, if any, shall be kept in abeyance till 1.12.2007. The criminal revision petition is disposed of as above.