The Kerala High Court in a criminal revision petition allowed the appellant six months to pay compensation of Rs.80,000 awarded for the offence under Section 138 of the Negotiable Instruments Act, thereby postponing imprisonment.
Appellant granted six months time from the date of the order to pay compensation of Rs.80,000.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU
FRIDAY, THE 18TH MAY 2007 / 28TH VAISAKHA 1929
Crl.Rev.Pet.No. 1913 of 2007
--------------------------------------CRA.156/2004 of ADDL.SESSIONS COURT (SPL.COURT), KOTTAYAM CC.408/1999 of JUDL. MAGISTRATE OF FIRST CLASS, VAIKOM
REVN. PETITIONER/APPELLANT:
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RAVINDRAN NAIR, IKKANAL VEEDU, NEWSPRINT STREET, KARIKODE P.O., KARIKODE KARA,MULAKKULAM VILLAGE, VAIKOM TALUK.
BY ADV. SRI.V.A.PRADEEP KUMAR
RESPONDENTS/STATE/COMPLAINANT:
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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. C.V.KURIAKOSE, S/O.VARGHESE, CHERIYANKUNNEL HOUSE, VADAYAR P.O., VADAYAR VILLAGE, VAIKOM TALUK.
BY PUBLIC PROSECUTOR SRI. V.T.K.MOHAN
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18/05/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.R. UDAYABHANU, J.
Crl.R.P.NO.1913 OF 2007
Dated this the 18th day of May 2007
ORDER
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 imprisonment till rising of the court to pay compensation of Rs.80,000/- and in default to undergo simple imprisonment for two months.
The Crl.R.P is disposed of accordingly.
K.R.UDAYABHANU JUDGE
rtr/
2 issues framed by the court
Whether to grant time to the convicted appellant to pay the compensation amount.
Whether to modify the disposal of the criminal revision petition by granting time instead of immediate imprisonment.
1 provisions across 1 enactments
Ravindran Nair
State of Kerala Represented by the Public Prosecutor, High Court of Kerala, Ernakulam
C.V.Kurialkose
K.R.Udayabhanu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
