K T HASSAN KOYA Vs. MADHU GUPTA

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 undergo simple imprisonment for three months and to pay a compensation of Rs.11,000/- to the complainant and in default to undergo simple imprisonment for one month. THE counsel for the revision petitioner has sought only for modification of the sentence. It is submitted that the revision petitioner is a heart patient. He has also produced treatment records vide Annexure C and D.

(2.) IN the circumstances, sentence is modified in the following terms that the accused/revision petitioner is sentenced to pay a fine of Rs.11,000/- and in default to undergo simple imprisonment for one month. The fine amount if realised will be paid to the complainant. The revision petitioner shall remit the fine amount within one month from today onwards. The Crl. R.P is disposed of accordingly.