IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 Crl.Rev.Pet.No. 101 of 2006 ----------------------------- CRA.262/2002 of I ADDL. SESSIONS COURT, PALAKKAD ST.2947/1999 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .................... REVN. PETITIONER: APPELLANT/ACCUSED -------------------------------------- K.T.MUHAMMED, S/O.KUNJEEN, KUNNAKKATTUTHODI VEEDU, P.O.VILAYUR, PALAKKAD DISTRICT. BY ADV. SMT.P.VIJAYAMMA SRI.DEVIDAS.U.K RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. SYED, S/O.MOIDEENKUTTY, MANNENGIL CHERIKKALLINMEL, PERADIYUR DESOM, VILAYUR AMSOM, OTTAPALAM TALUK, PALAKKAD DISTRICT. 2. STATE OF KERALA.RE[P. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ADV. SRI.SANTHEEP ANKARATH FOR R1 R2 BY PUBLIC PROSECUTOR SRI SABU SREEDHARAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 01/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J ==== ============== Crl.R.P.No. 101 of 2006 ===================== Dated this the 1st day of July 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 24/7/2002 in S.T.No.2947 of 1999 convicted and sentenced him to undergo simple imprisonment for three months and to pay an amount of Rs.22,000/- to the complainant as compensation under Section 357(3)Cr.P.C. and in case the compensation amount is not paid by the accused to issue a distress warrant for collecting the amount. The appeal was dismissed by the appellate court confirming the conviction and sentence vide judgment dated 28/10/2005 in Crl.Appeal No.262/2002. 2. Heard the learned counsel for the revision petitioner and the learned Public Prosecutor. CRRP 101/2006 -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 also submitted that the revision petitioner has already deposited Rs.15,000/- as directed by this court on 12/1/2006 in Crl.M.A.320/2006 and prays two months' time to deposit the balance amount. The revision petitioner also prays to modify the sentence of simple imprisonment for three months as ordered by both the courts below to imprisonment till rising of court. 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. The revision petitioner can be granted two months' time to pay/deposit the amount of Rs.22,000/-(Rupees twenty two thousand)- less the amount if any already deposited by the revision petitioner and in default to undergo simple CRRP 101/2006 -3- imprisonment for one month. The sentence of simple imprisonment for three months is modified to imprisonment till rising of court. 5. In the result, a) This revision petition is allowed in part. b) The impugned concurrent verdict of guilty and conviction of the revision 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 total amount of Rs.22,000/-(Rupees twenty two thousand only) within two months, less the amount, if any,already deposited as compensation and in default to undergo simple imprisonment for a period of one month. 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 01/09/2011 to pay/deposit the amount of compensation and thus avoid the default sentence. The revision petitioner shall appear and his sureties CRRP 101/2006 -4- shall produce him before the learned Magistrate on 02/09/2011 for execution of the sentence. M.C.HARI RANI, JUDGE ks CRRP 101/2006 -5- CRRP 101/2006 -6- CRRP 101/2006 -7- M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 CRRP 101/2006 -8-