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K.D.XAVIER, S/O.K.K.DANIEL, AGED 53 v. MR.K.F.PETER, S/O.FRANCIS - Crl Rev Pet No. 1459 of 2007  RD-KL 6990 (3 April 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMCrl Rev Pet No. 1459 of 2007()
1. K.D.XAVIER, S/O.K.K.DANIEL, AGED 53
1. MR.K.F.PETER, S/O.FRANCIS,
2. THE PEOPLES' AID BANKERS, REP. BY ITS
3. MR.K.D.KITHO, S/O.DANIEL, MANAGING
4. MR.K.D.STANLY, S/O.DANIEL, KALARIKKAL
5. MR.K.D.JOHN, S/O.DANIEL, KALARIKKAL
6. MR.K.D.KUNJAPPU, S/O.DANIEL,
7. MR.K.D.SEBASTIAN, S/O.DANIEL,
8. STATE OF KERALA, R/AT PUBLIC PROSECUTOR
For Petitioner :SRI.TOM JOSE
For Respondent : No Appearance
The Hon'ble MR. Justice K.R.UDAYABHANU
O R D E R
K.R. UDAYABHANU, J
CRL. R.P. NO. 1459 OF 2007
Dated this the 3rd day of April 2007
O R D E RThe revision petitioner, who is one of the accused in C.C. No.553/2003 of Judicial First Class Magistrate Court II, Kochi with respect to the offence under section 138 of the Negotiable Instruments Act, has sought for modification of the order of the court below directing him to deposit a sum of Rs.50,000/- as condition precedent for suspending the sentence. It is submitted that he is not an active partner in the 1st accused-firm. He has also produced the judgment in the similar matter against him and other partners wherein he has been acquitted. It is also submitted that he is not in a position to remit that much of amount.
2. In the circumstances, the above condition in the order of the appellate court is modified to the effect that he shall deposit Rs.10,000/- within one month from today onwards and on executing bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the court below. The Crl. R.P is disposed of accordingly.
K.R. UDAYABHANU, JUDGE.RV
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