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. 202 of 2005 ----------------------------- CRA.974/2003 of IV ADDL.SESSIONS COURT, ERNAKULAM CC.1912/2001 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI .................... REVN. PETITIONER: APPELLANT/ACCUSED -------------------------------------- THOMAS JOACHIN,PROPRIETOR, M/S.SWIRE ENGINEERING INDUSTRIES, NADUVILPARAMBIL HOUSE,CHERANELLOOR VILLAGE, KANAYANNOOR TALUK. BY ADV. SRI.P.T.SEBASTIAN SRI.K.M.SUBIAR RESPONDENTS: COMPLAINANT -------------------------- 1. M/S.VISWAS CHITS AND INVESTMENTS P.LTD., M.G.ROAD,ERNAKULAM,REP. BY ITS MANAGING DIRECTOR WHO HAS GIVEN POWER OF ATTORNEY TO ITS MANAGER, CHACKO VARGHESE,S/O.A.C.VARGHESE,RESIDING AT MANAKUNNAM HOUSE,FLAT NO.85,INDIRA NAGAR. 2. STATE OF KERALA,REP. BY PROSECUTOR. R2 BY PUBLIC PROSECUTOR MR. 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. 202 OF 2005 ======================= Dated this the 25th 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 7/10/2003 in C.C.No.1912/2001 convicted and sentenced him to undergo simple imprisonment for six months and to pay Rs.1,09,900/- to the complainant as compensation and in default to undergo simple imprisonment for two months. The conviction was confirmed by the appellate court and the sentence was modified to imprisonment till rising of court and to pay Rs.1,15,000/- as compensation under Section 357(3)Cr.P.C. to the complainant and in default to undergo simple imprisonment for two months vide judgment dated 8/10/2004 in Crl.Appeal No.974/2003. 2. Heard the learned counsel for the revision petitioner and the learned Public Prosecutor . CRRP 202/2005 -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 conviction entered against him by the courts below for the offence under Section 138 of the Negotiable Instruments Act . It is further submitted that the revision petitioner has already deposited Rs.25,000/- before the trial court in complying with the direction of this court in the order dated 7/3/2005 in Crl.M.A.No.1509/2005 and also prays three months' time to pay the balance 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, three months' time is granted as prayed for by the learned counsel for the revision petitioner to pay/deposit CRRP 202/2005 -3- the amount of compensation of Rs.1,15,000/- less the amount if any already deposited, and in default to undergo simple imprisonment for three months. The sentence of imprisonment till rising of court as ordered by the appellate court is confirmed. 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. The sentence of imprisonment till rising of court as ordered by the appellate court is also confirmed. (c) The revision petitioner is directed under Section 357(3) Cr.P.C to pay/deposit the amount of Rs.1,15,000/- (Rupees one lakh fifteen thousand only) as compensation to the complainant, less the amount if any already deposited, 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 have time till 25/8/2011 to pay/deposit the total amount of compensation and thus avoid CRRP 202/2005 -4- the default sentence. The petitioner shall appear and his sureties shall produce him before the learned Magistrate on 26/8/2011 for execution of the sentence. Sd/- M.C.HARI RANI, JUDGE ks TRUE COPY P.S. TO JUDGE CRRP 202/2005 -5- CRRP 202/2005 -6- CRRP 202/2005 -7- M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 CRRP 202/2005 -8- CRRP 202/2005 -9- M.C. HARI RANI JUDGE ks. M.C. HARI RANI JUDGE ks.