IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 Crl.Rev.Pet.No. 1420 of 2010 ------------------------------ ST.248/2006 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE CRL.A. NO. 168/2009 OF THE COURT OF SESSION, KOZHIKODE .................... REVN. PETITIONER: APPELLANT/ACCUSED -------------------------------------- MADHAVAN, 40 YEARS, S/O.CHINNUNNI EMBRANDIRI, EDAMANA ILLOM, NEAR SUBRAMANYA TEMPLE, CHERUVANNUR FEROKE, KOZHIKODE. BY ADV. SRI.NIRMAL.S RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. V.RAVINDRAN, 61 YEARS, S/O.PERACHAN, VASANTHABHAVAN HOUSE, KOLATHARA, NALLALAM, KOZHIKODE. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT. ANEY PAUL ADV. SRI.K.M.FIROZ FOR R1 SMT.M.SHAJNA FOR R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 12/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J ================= Crl.R.P.No.1420 of 2010 =================== Dated this the 12th day of April 2011 O R D E R The revision petitioner stands convicted for the offence under Section 138 of the Negotiable Instruments Act. The trial court as per judgment dated 20/2/2009 in S.T.No. 248/2006 convicted and sentenced him to undergo simple imprisonment for one week and to pay Rs.85,000/- to the complainant as compensation and in default to undergo simple imprisonment for two months. The appellate court allowed the appeal in part confirming the conviction but the sentence is modified and reduced to imprisonment till rising of court and to pay fine of Rs.85,000/- to the complainant and in default to undergo simple imprisonment for two months and in the event of realisation of the fine amount, the entire amount shall be given to the complainant under Section 357(1)Cr.P.C.vide judgment dated 30/1/2010 in Crl.Appeal No.168/2009. CRRP 1420/2010 2 2. Heard the learned counsel for the revision petitioner and the learned counsel for the first respondent/complainant. The learned Public Prosecutor is also heard. 3. At the time of argument, it is submitted by the learned counsel for the revision petitioner/accused that the revision 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 and he prays one year's time to pay/deposit the amount. 4. Learned counsel for the complainant submitted that the disputed cheque in this case is for Rs.85,000/--dated 9/9/2005. Five years time is already elapsed. Therefore, the prayer for one year time to pay the amount is opposed and four months' time can be granted to the revision petitioner to pay the amount of compensation. 5. 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. I am CRRP 1420/2010 3 inclined to direct the revision petitioner/accused to pay/deposit the amount of Rs.85,000/- as compensation under Section 357(3) Cr.P.C. and six months' time can be granted to him to pay/deposit the entire amount of compensation and in default to undergo simple imprisonment for four months. The sentence modified and reduced by the appellate court to imprisonment till rising of court is confirmed. 6. In the result, a) This revision petition is allowed in part. b) The impugned concurrent verdict of guilty and conviction of the revision petitioner under Section 138 of the Negotiable Instruments Act are confirmed and the sentence modified and reduced by the appellate court to imprisonment till rising of court is also confirmed. (c) The revision petitioner is directed under Section 357(3) Cr.P.C to pay/deposit the total amount of Rs.85,000/- (Rupees eighty five thousand only) within six months 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 12/10/2011 to CRRP 1420/2010 4 pay/deposit the total amount of compensation of Rs.85,000/- less the amount if any already deposited and thus avoid the default sentence. The petitioner shall appear and his sureties shall produce him before the learned Magistrate on 13/10/2011 for execution of the sentence. M.C.HARI RANI, JUDGE ks CRRP 1420/2010 5 CRRP 1420/2010 6 CRRP 1420/2010 7 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 CRRP 1420/2010 8 CRRP 1420/2010 9