Criminal Revision Petition No. 1808 of 2012 · Kerala High Court

S.SIRI JAGAN, J.==================Crl.R.P.No. 1808 of 2012 ==================Dated this the 20th day of September, 2012 O R D E RThe petitioner is the accused in S.T.No.231/2008 before theJudicial First Class Magistrate's Court-II, Ottappalam. Theprosecution was one under Section 138 of the NegotiableInstruments Act. The Magistrate convicted the petitioner andsentenced him to undergo simple imprisonment for three monthsand to pay a compensation of ` 1,25,000/- with a default sentenceof 15 days' simple imprisonment. The compensation was directedto be paid to the 2nd respondent under Section 357(3) of theCr.P.C. In appeal, the 1st Additional Sessions Judge, PalakkadDivision confirmed the conviction but, reduced the sentence ofimprisonment to one till rising of the court and increased thepunishment of fine to ` 1,30,000/- with a default sentence of 15days' simple imprisonment. Those judgments are underchallenge in this Criminal Revision Petition. The learned counselfor the petitioner now submits that the petitioner only wantstime to pay the compensation amount. Having considered the matter, I am inclined to grant the Crl.r.p.1808/12 - : 2 :-petitioner five months' time to pay the fine amount. Accordingly, the Criminal Revision Petition is disposed of with a direction tothe Magistrate to keep the distress warrant for execution of thesentence in abeyance for a period of five months. The petitionershall appear before the Magistrate after paying the fine amountfor undergoing the sentence of imprisonment on 25.2.2013. Theamounts already paid shall be given due credit for. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge