IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

FRIDAY, THE 8^TH DAY OF APRIL 2022 / 18TH CHAITHRA, 1944 CRL.REV.PET NO. 263 OF 2022 AGAINST THE ORDER/JUDGMENT IN CRA 72/2018 OF DISTRICT COURT &

SESSIONS & MOTOR ACCIDENT CLAIMS TRIBUNAL ,KASARAGOD CC 3176/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,HOSDRUG PETITIONER/APPELLANT/ACCUSED:

ANEESH.V, AGED 40 YEARS, EDAMUNDA, KODAVALAM, HARIPURAM.P.O, HOSDURG TALUK, KASARAGOD DISTRICT, PIN – 671 531.

BY ADVS.

HEMALATHA BINU GEORGE RESPONDENTS/RESPONDENTS 1 AND 2/COMPLAINANT: 1 C.KUNHAMBU, AGED 47 YEARS, THALIKUNDU, HARIPURAM,P.O, HOSDURG TALUK, KASARAGOD DISTRICT, PIN – 671 531.

2 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031.

R2 BY SMT SEENA C, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 08.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R

Revision petitioner herein is the accused in C.C.No.3176 of

2014, which was registered against him for the offences punishable under Section 138 of the Negotiable Instruments Act. After the trial, the trial court found the petitioner guilty and sentenced to undergo simple imprisonment for three months and to pay a fine of Rs.10,00,000/-, with a default sentence to undergo simple imprisonment for six months. Crl.Appeal.No.72 of 2018 was submitted challenging the order of conviction and sentence before the District & Sessions Court, Kasaragod. The said appeal was disposed of by modifying the sentence as simple imprisonment till the rising of the court and to pay fine of Rs.10,00,000/-. Challenging the aforesaid order, this Crl.Revision Petition is submitted.

2. When this Crl.Revison Petition came up for admission, the learned counsel appearing for the petitioner confined his relief only for some time to pay the fine. Considering the facts and circumstances, I am of the view that some indulgence can be shown.

In such circumstances, this Crl.Revision Petition is disposed of, confirming the conviction and sentence passed by the courts below. However, the petitioner is granted six month’s time for depositing the fine. The petitioner shall surrender before the trial court, concerned and undergo substantive sentence of imprisonment within a period of two weeks and shall execute a bond, undertaking to deposit the fine amount within a period of six months.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE DG/11.4.22