IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 Crl.Rev.Pet.No. 2820 of 2004(B) ------------------------------- CRA.681/2002 of VI ADDL DISTRICT & .SESSIONS COURT, ERNAKULAM CC.1142/1999 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM .................... REVN. PETITIONER: APPELLANT/ACCUSED: --------------------------------------- A.SAMBASIVA RAO, GAYATHRI CHEMICAL TRADERS, 28/438A, GIRI NAGAR, KOCHI. BY ADV. SRI.V.B.NARAYANAN RESPONDENTS: RESPONDENT/COMPLAINANT: -------------------------------------- 1. ALEX PATTARA, (P.V.ALEXANDER), 9-B, KATTIKKARAN TOWERS, PROVIDENCE ROAD, ERNAKULAM. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. ANEY PAUL THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 21/03/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C. HARI RANI, J. ====================== CRL.R.P.NO. 2820 OF 2004 ======================= Dated this the 21st day of March 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 25/9/2002 in C.C.No.1142/1999 convicted and sentenced him to undergo simple imprisonment for three months and to pay a compensation of Rs.55,000/- to the complainant under Section 357(3) Cr.P.C. The conviction and sentence were confirmed by the appellate court (vide judgment dated 12/8/2004 in Crl.Appeal No.681/2002). 2. Heard the learned counsel for the petitioner. There is no representation for the 1st 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 CRRP2820/2004 -2- entered against him by the courts below for the offence under Section 138 of the Negotiable Instruments Act. The revision petitioner is ready to deposit the compensation amount within a period of two months. It is also prayed to modify the sentence of imprisonment for three months to imprisonment till rising of court. 4. The disputed cheque in this case is for Rs.50,000/- dated 09/06/1997. A concurrent finding of guilty and conviction is there against the revision petitioner by the trial court as well as by the appellate court. Rs.55,000/- was already fixed by both courts as compensation under Section 357(3)Cr.P.C. 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. The revision petitioner can be granted two months time to deposit the entire compensation amount of Rs.55,000/- with default sentence of two months. The sentence of simple imprisonment for three months is modified for imprisonment till rising of court. 5. In the result, a) This revision petition is allowed in part. CRRP2820/2004 -3- b) The impugned concurrent verdict of guilty and conviction of the petitioner under Section 138 of the Negotiable Instruments Act are confirmed. (c) But the sentence imposed is modified and reduced. In supersession of the sentence imposed on the petitioner by the courts below, he is sentenced to undergo imprisonment till rising of court. He is further directed under Section 357(3) Cr.P.C to pay/deposit the entire amount of compensation of Rs.55,000/- (Rupees fifty five thousand only)less the amount, if any, alrelady pad/deposited and in default to undergo simple imprisonment for a period of two 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 21/5/2011 to pay/deposit the entire amount of compensation of Rs.55,000/- and thus avoid the default sentence. The petitioner shall appear and his sureties shall produce him before the learned Magistrate on 21/5/2011 for execution of the sentence. M.C.HARI RANI, JUDGE ks CRRP2820/2004 -4- CRRP2820/2004 -5- CRRP2820/2004 -6- M.C.HARI RANI, J CRRP2820/2004 -7- Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 CRRP2820/2004 -8- M.C. HARI RANI JUDGE ks.