IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 20TH DECEMBER 2006 / 29TH AGRAHAYANA 1928 Crl.Rev.Pet.No. 2898 of 2003 ------------------------------------------- (Against judgment in Crl.Appeal No.233/03 in the court of Addl. Sessions Judge, Adhoc II, Ernakulam CC.568/2003 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI) .................... REVN. PETITIONER: APPELLANT/ACCUSED: -------------------------------------------------------------------- P.P. ANTONY, PALLILPARAMBIL HOUSE, MALAGAPADI BUS STOP, CHELLANAM P..O., KOCHI-682 008. BY ADV. SRI.DINESH R.SHENOY RESPONDENTS: RESPONDENTS/COMPLAINANT: ------------------------------------------------------------------------------ 1. A.M. JACOB, ALUNKAL HOUSE, MALAGAPADI BUS STOP, CHELLANAM P.O., KOCHI-682 008. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR. BY ADV. SRI.K.D.PAUL DALIN SRI.P.A.AUGUSTINE(AREEKATTEL) PUBLIC PROSECUTOR SRI.K.M.FIROZ THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 20/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.NO.2898 OF 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of December 2006 ORDER The accused convicted for offence under Section 138 of N.I. Act and sentenced thereunder to undergo imprisonment for one day and to pay a compensation of Rs.1,25,000/- and in default to undergo simple imprisonment for three months concurrently by the courts below is the petitioner. When the matter is taken up for final hearing, it is submitted by counsel for the first respondent/complainant that an amount of Rs.90,000/- has already received from the petitioner. Counsel for the petitioner submits that a further amount of Rs.15,000/- is in deposit in the court of the Judicial First Class Magistrate-I, Kochi to the credit of C.C.568/2001 that being amount deposited pursuant to direction of the Sessions Court, Ernakulam in Criminal Appeal 233/03 and that she has no objection for the first respondent receiving that amount. Counsel for petitioner further submits that the petitioner is ready to pay the balance amount also for which some time may be granted. In the result, I confirm the conviction and sentence passed Crl.R.P.NO.2898 OF 2003 Page numbers by the courts below against the petitioner and dismiss this criminal revision petition and direct the petitioner to surrender before the Magistrate concerned positively in the FN of 22-1-2007 to serve the sentence and to pay or deposit the balance amount of Rs.20,000/-. In case the amount is not paid positively on that day the learned Magistrate shall enforce the default sentence as against the petitioner forthwith. It is made clear that the substantive term of imprisonment for one day ordered by the courts below shall be imprisonment for one day till rising of court in the event of the balance compensation amount being paid on the day fixed for appearance. K.P.BALACHANDRAN, JUDGE