IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 Crl.Rev.Pet.No. 3170 of 2005 ------------------------------ CRA.300/2003 of IST ADDL.SESSIONS COURT, KOZHIKODE CC.558/2001 of JUDL.MAGISTRATE OF FIRST CLASS, VADAKARA .................... REVN. PETITIONER: APPELLANT/ACCCUSED --------------------------------------- P.T.K.BALAKRISHNAN, S/O.GOPALAN, PULIKKOOLTAZHEKUNIYIL HOUSE, NEAR MUNICIPAL PARK, VADAKARA. BY ADV. SRI.C.VALSALAN SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENTS: RESPONDENT/COMPLAINANT ------------------------- 1. K.BALAN, S/O.KELU, PUTHIYAPURAYIL HOUSE, POOVADAM GATE, VADAKARA. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, COCHIN ADV. SRI.P.NARAYANAN FOR R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 31/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J ================= Crl.R.P.No.3170 OF 2005 =================== Dated this the 31st day of March 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 6/5/2003 in C.C.No.558/2001 convicted and sentenced him to undergo simple imprisonment for six months and to pay Rs.1,00,000/- to the complainant as compensation under Section 357(3) Cr.P.C. and in default to undergo simple imprisonment for one month. The conviction was confirmed by the appellate court and the sentence was modified to imprisonment till rising of court and to pay Rs.1,00,000/- as compensation to the complainant and in default to undergo simple imprisonment for six months vide judgment dated 6/5/2005 in Crl.Appeal No.300/2003. 2. Heard the learned counsel for the revision petitioner and the learned Public Prosecutor . CRRP 3170/2005 2 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 guilty and 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 that four months time may be granted to the revision petitioner to pay the amount of compensation as ordered by the courts below. 4. The verdict of guilty and conviction of the courts below against the revision petitioner do not warrant any interference and the same are confirmed. The sentence imposed on the revision petitioner to imprisonment till rising of court and to pay compensation of Rs.one lakh passed by the appellate court are confirmed. The revision petitioner can be granted four months time to pay/deposit the amount of Rs.1,00,000/- (Rupees one lakh only) as compensation less the amount, if any, already deposited by him and in default to undergo simple imprisonment for six months. 5. In the result, a) This revision petition is allowed in part. CRRP 3170/2005 3 b) The impugned concurrent verdict of guilty and conviction of the revision petitioner under Section 138 of the Negotiable Instruments Act is confirmed and the sentence imposed on him to imprisonment till rising of court and to pay compensation of Rs.1,00,000/- passed by the appellate court are also confirmed. (c) The revision petitioner is directed to pay/deposit the total amount of Rs.1,00,000/- (Rupees one lakh only) less the amount if any already deposited as compensation within four months and in default to undergo simple imprisonment for a period of six months. The amount in deposit, if any, and the balance amount if deposited shall be released to the complainant on proper application. The revision petitioner shall have time till 1/8/2011 to pay/deposit the total amount of compensation of Rs.1,00,000/- less the amount if any already deposited and thus avoid the default sentence. The revision petitioner shall appear and his sureties shall produce him before the learned Magistrate on 2/8/2011 for execution of the sentence. M.C.HARI RANI, JUDGE ks CRRP 3170/2005 4 CRRP 3170/2005 5 CRRP 3170/2005 6 M.C.HARI RANI, J CRRP 3170/2005 7 Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 CRRP 3170/2005 8