IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 25TH MAY 2011 / 4TH JYAISHTA 1933 Crl.Rev.Pet.No. 1784 of 2005() ------------------------------ CRA.499/2003 of ADDL.SESSIONS COURT, N.PARAVUR CC.624/2000 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... REVN. PETITIONER/APPELLANT/ACCUSED: --------------------------------------- R. THIRAVIAN PILLAI, PROPRIETOR, M/S. GANESH TRADERS, T.C.41/1065, KURIATHOD, MANACADU P.O., TRIVANDRUM-9. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SMT.SONIYA.M SRI.N.A.SHAFEEK RESPONDENTS/COMPLAINANT & STATE: ----------------------------------- 1. M/S. NEST CONDIMENTS LTD., REPRESENTED BY ITS MANAGER MR. SHAJI KOSHY S/O. KOSHY JACOB, XXXV/952, PUTHENPURACKAL PALARIVATTOM, KOCHI-25. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 25/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.1784 of 2005 ---------------------------------------- Dated this the 25th day of May 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 convicted and sentenced him to undergo simple imprisonment for four months and to pay compensation of Rs.52,569/- to the complainant under Section 357(3) Cr.P.C and in default to undergo simple imprisonment for three months as per judgment dated 09/05/2003 in C.C.No.624/2000. The conviction and sentence imposed by the trial court was confirmed by the appellate court (vide judgment dated 07/04/2005 in Crl.A.No.499/2003). 2. Heard the learned counsel for the revision petitioner/accused 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 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 Crl.R.P.No.1784/2005 2 counsel also submitted that Rs.30,000/- has already been deposited by the revision petitioner before the trial court as ordered by this Court on 05/08/2005 while suspending the sentence as per order in Crl.M.A.No.11858/2005 and the order dated 26/6/2006 in Crl.M.A.No.4393/2006. The revision petitioner prays for six months time to pay/deposit the balance amount of compensation and to modify the sentence of simple imprisonment for four months as ordered by the courts below to imprisonment till rising of court. 4. On perusal of records, I find no valid ground to interfere with the concurrent finding entered by the courts below against the revision petitioner/accused for the offence under Section 138 of the Negotiable Instruments Act. Therefore the verdict of guilty and conviction do not warrant any interference and the same is confirmed. The sentence is modified for imprisonment till rising of court. Considering the prayer made by the learned counsel for the revision petitioner for granting six months time to pay the balance amount of compensation, I am inclined to grant four months time to pay/deposit the balance amount of compensation, if Rs.30,000/- Crl.R.P.No.1784/2005 3 is already deposited by the revision petitioner as submitted by the learned counsel for the revision petitioner, and in default to undergo simple imprisonment for three months. 5. In the result, a) This revision petition is allowed in part. 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 revision 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 balance amount of compensation of Rs.22,569/- (Rupees twenty two thousand five hundred and sixty nine only) (if Rs.30,000/- is already deposited by the revision petitioner) on or before 26/09/2011 and in default to undergo simple imprisonment for a period of three 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 appear and his sureties shall produce him before Crl.R.P.No.1784/2005 4 the learned Magistrate on 27/09/2011 for execution of the sentence. (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.1784/2005 5 Crl.R.P.No.1784/2005 6 Crl.R.P.No.1784/2005 7 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 Crl.R.P.No.1784/2005 8 Crl.R.P.No.1784/2005 9