IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 Crl.Rev.Pet.No. 3529 of 2005 ------------------------------ CRL.A. NO. 356/2001 OF THE ADDL.SESSIONS CCOUT(FAST TRACK) ADHOC NO.IV, THIRUVANANTHAPURAM C.C. NO. 1618/1998 OF THE CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM REVN. PETITIONER: PETITIONER/APPELLANT/ACCUSED ------------------------------------------------- B.SREEKUMAR, JALAJA NIVAS, T.C27/1072, VANCHIYOOR, THIRUVANANTHPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENTS: RESPONDENTS/RESPONDENTS/COMPLAINANAT & STATE ----------------------------------------------------------- 1. S.SANTHOSH, S/O.SIVANKUTTY, MELAKUNNATHU VEEDU, ATTARA LANE, KANNAMMOOLA, MEDICAL COLLEGE, THIRUVANANTHAPURAM. 2. STATE OF KERALA REP. BY PUBLIC PROSEUCUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.MADATHIL S. ANILKUMAR FOR R1 R2 BY PUBLIC PROSECUTOR MR. PUZHAKKARA MUHAMMED THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 24/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C. HARI RANI, J. ====================== CRL.R.P.NO.3529 OF 2005 ======================= Dated this the 24th day of May 2011 ORDER The revision petitioner stands convicted for the offence under Section 138 of the Negotiable Instruments Act. The trial court as per judgment dated 31/7/2001 in C.C.No.1618/1998 convicted and sentenced him to pay fine of Rs.80,000/- and in default to undergo simple imprisonment for three months. Out of the fine amount if recovered, Rs.75,000/- will be paid to the complainant as compensation under Section 357 Cr.P.C. The conviction and sentence were confirmed by the appellate court and the appeal was dismissed vide judgment dated 4/11/2005 in Crl. Appeal No. 356/2001. 2. Heard the learned counsel for the revision petitioner and the learned Public Prosecutor . 3. At the time of argument, it is submitted by the learned counsel for the revision petitioner/accused that the revision CRRP 3529/2005 2 petitioner is not challenging the concurrent finding of conviction entered against him by the courts below for the offence under Section 138 of the Negotiable Instruments Act . The learned counsel for the revision petitioner prays six months' time to pay the cheque amount. 4. A concurrent finding of guilty and conviction is there against the revision petitioner by the trial court as well as by the appellate court. In the absence of challenge on any specific grounds, it is not necessary for me to advert to facts in any greater detail. Therefore, the verdict of guilty and conviction do not warrant any interference and the same is confirmed. After considering the prayer made by the learned counsel for the revision petitioner, four months' time is granted to the revision petitioner/accused to pay/deposit the amount of Rs.75,000/-, the cheque amount, as compensation less the amount if any already deposited, and in default to undergo simple imprisonment for four months. The revision petitioner/accused is sentenced to undergo imprisonment for one day till rising of court. 5. In the result, a) This revision petition is allowed in part. CRRP 3529/2005 3 b) The impugned concurrent verdict of guilty and conviction of the petitioner under Section 138 of the Negotiable Instruments Act are confirmed. (c) The revision petitioner/accused is sentenced to undergo imprisonment for one day till rising of court. He is further directed under Section 357(3) Cr.P.C to pay/deposit the cheque amount of Rs.75,000/- (Rupees seventy five thousand only) as compensation, less the amount if any already deposited, to the complainant and in default to undergo simple imprisonment for a period of four months. The amount in deposit, if any, and the balance amount if deposited shall be released to the complainant on proper application. The petitioner shall have time till 24/9/2011 to pay/deposit the amount of compensation and thus avoid the default sentence. The petitioner shall appear and his sureties shall produce him before the learned Magistrate on 26/9/2011 for execution of the sentence. Sd/- M.C.HARI RANI, JUDGE ks TRUE COPY P.S.TO JUDGE CRRP 3529/2005 4 CRRP 3529/2005 5 CRRP 3529/2005 6 M.C.HARI RANI, J CRRP 3529/2005 7 Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 CRRP 3529/2005 8 M.C. HARI RANI JUDGE ks.