LAWS(KER)-2007-2-321

H LUCKMAN Vs. RAMESH CHANDRAN M

Decided On February 19, 2007
H.LUCKMAN, REEJA MANZIL Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) THE revision petitioner stands convicted for the offence under 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for three months and to pay a sum of Rs. 3,60,000/- to the complainant as compensation and in default to undergo simple imprisonment for three months.

(2.) AT the time of hearing the counsel for the revision petitioner has sought for modification of sentence and for time to make the payment. In the circumstances, the sentence is modified to imprisonment till rising of the court and to pay a sum of Rs. 3,60,000/- less the amount already deposited as compensation under section 357(3) Cr.P.C and in default to undergo simple imprisonment for three months. Rs.50,000/- of the compensation amount shall be paid within one month from today. The revision petitioner is granted six months time from today onwards to make the balance payment. He shall appear before the Judicial First Class Magistrate, Aluva on 20.08.2007 to receive sentence. The compensation amount if paid will be taken note of at the time of execution of the decree in the civil suit if both the matters are with respect to the same transaction. The amount in deposit will be released to the complainant. The Crl. R.P is disposed of accordingly.