IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 Crl.Rev.Pet.No. 3128 of 2010() ----------------------------------------- CRA.591/2006 of ADDITIONAL DIST. & SESSIONS COURT (ADHOC)-II, KOLLAM CC.1853/2003 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: ------------------------------------------------------------------ IGNACIOUS STANCILLIOUS, KULNGARA KIZHAKKATHIL, KAKKOTTUMOOLA, MAYYANADU P.O., KOLLAM. BY ADV. SRI.BIJU .C. ABRAHAM RESPONDENT(S): RESPONDNET/COMPLAINANT & STATE: ----------------------------------------------------------------------------------- 1. JAMES, S/O.ALOYSIOUS, KANAKKAN VEEDU, PULLICHIRA P.O., MAYYANADU VILLAGE, KOLLAM-691 304. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT.P.N.SUMANGALA THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.K.MOHANAN, J. ------------------------------- Crl. R.P.No.3128 of 2010 ------------------------------- Dated this the 22nd day of October, 2010. O R D E R The revision petitioner is the accused in a prosecution for an offence punishable u/s.138 of Negotiable Instruments Act and now the courts below have found him guilty u/s.138 of Negotiable Instruments Act and accordingly he is convicted for the said offence and sentenced him accordingly. It is the above conviction and sentence challenged in this revision petition. 2. The learned counsel for the revision petitioner submitted that, in pursuance to the above judgment and the conviction and sentence ordered against him, he is arrested on 19.10.2010 and undergoing imprisonment and therefore the counsel submitted that the revision petitioner has no contention on merit and he is ready to compensate the complainant for which he require some time. 3. The above revision petition was filed belatedly and when the petition to condone the delay came up before this court, the 2 Crl. R.P.No.3128 of 2010 delay was condoned without issuing notice to the respondent/complainant. In the light of the facts and circumstances involved in the case, I am of the view that, the revision petition can be disposed of upholding the conviction of the revision petitioner u/s.138 of NI Act and thus while confirming the conviction as well as the substantial sentence ordered by the appellate court, the petitioner can be sentenced to pay fine and sufficient time can be granted to deposit the fine amount. While fixing the above fine amount, this court can not ignore the fact that the cheque in question is dated 20.4.2003 that too for an amount of Rs.1,75,000/- and the said amount is with the revision petitioner for the last 7 years. In the result, this revision petition is disposed of confirming the conviction against the revision petitioner u/s.138 of Negotiable Instruments Act as recorded by the courts below. Accordingly, the substantial sentence of one day imprisonment ordered by the courts below is confirmed. In addition to that the revision petitioner is also sentenced to pay a fine of 3 Crl. R.P.No.3128 of 2010 Rs.2,25,000/-, within 3 months from today and in default the revision petitioner is directed to undergo simple imprisonment for 6 months. If the petitioner is already arrested on 19.10.2010 and undergone the substantial imprisonment ordered by the appellate court, he need not further detain in custody since he is granted 3 months time to pay the fine amount. Therefore there will be a direction to release the revision petitioner from the jail forthwith if he is not required in any other case. After the release of the revision petitioner from jail, he shall deposit a sum of Rs.2,25,000/-, being the fine amount in the trial court on or before 22.1.2011. In case, any failure on the part of the revision petitioner in appearing before the court below as directed above and in paying the fine amount, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence awarded against the revision petitioner. On realisation of the fine amount, a sum of Rs.2,17,500/- shall be paid to the complainant as compensation 4 Crl. R.P.No.3128 of 2010 u/s.357(1)(b) of Cr.P.C. and the remaining amount shall be paid to the State Exchequer. IN the light of the above order, the Registry is directed to forward the Gist of this order to the Superintendent of Police, District Jail, Kollam, for appropriate action. Criminal revision petition is disposed of accordingly. V.K.MOHANAN, Judge. ami/