IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 Crl.Rev.Pet.No. 2337 of 2005 ---------------------------------------- [CRL.A.NO.318/2003 OF ADDITIONAL SESSIONS COURT, ALAPPUZHA, CC.NO.481/1999 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT-I, CHERTHALA] .................... REVISION PETITIONER/APPELLANT/ACCUSED: ------------------------------------------------------------------- MOHANACHANDRAN, AGED 55 YEARS, S/O. KARUNAKARA MENON, KATTIKKATTU SREEKARTHIKA, CMC-4, CHERTHALA. BY ADVS. SRI.ANIL S.RAJ, SMT.K.N.RAJANI, SMT.NITHYA.K, SMT.MANJUSHA MOHANDAS. RESPONDENTS/RESPONDENTS/STATE/COMPLAINANTS: ---------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MOHANAN, S/O. KESAVAN, IRAYACHAN PARAMBIL, THIRUNELLOOR P.O., CHERTHALA. R1 BY PUBLIC PROSECUTOR SRI. PUZHAKKARA MUHAMMED, R2 BY ADV. SRI.J.OM PRAKASH. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 04/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.2337 of 2005 ---------------------------------------- Dated this the 4th day of April 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 convicted and sentenced him to undergo simple imprisonment for three months and to pay an amount of Rs.90,000/- to the complainant under Section 357(3) Cr.P.C as compensation and in default to undergo simple imprisonment for one month as per judgment dated 30/06/2003 in C.C.No.481/99. The conviction and sentence was confirmed by the appellate court (vide judgment dated 23/02/2005 in Crl.A.No.318/03). 2. Heard both counsel and the learned Public Prosecutor. 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. The learned counsel also submitted that Rs.30,000/- has already been Crl.R.P.No.2337/05 2 deposited by the revision petitioner before the trial court as ordered by this Court on 13/09/2005 while suspending the sentence as per order in Crl.M.A.No.15240/2005. According to the learned counsel, the revision petitioner is ready to pay/deposit the entire amount of compensation of Rs.90,000/- as ordered by the trial court and confirmed by the appellate court within a period of two months. It is also prayed to modify the sentence of simple imprisonment for three months 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 is sentenced to undergo imprisonment till rising of court and also granted two months time to pay/deposit the total amount of compensation of Rs.90,000/- and in default to undergo simple imprisonment for four months. 5. In the result, Crl.R.P.No.2337/05 3 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 Rs.90,000/- (Rupees ninety thousand only) as compensation within a period of two months and in default to undergo simple imprisonment for a period of four months. In case of payment/deposit of the entire amount of compensation of Rs.90,000/-, the revision petitioner/accused can withdraw Rs.30,000/- which is already deposited by the revision petitioner as ordered by this Court and the same is not opposed by the learned counsel for the respondent/complainant provided that the said amount is in deposit. The amount of compensation of Rs.90,000/-, if deposited by the revision petitioner, the same shall be released to the complainant on proper application. The revision petitioner shall have time till 06/06/2011 to pay/deposit Crl.R.P.No.2337/05 4 the entire amount of compensation of Rs.90,000/- and thus avoid the default sentence. The revision petitioner shall appear and his sureties shall produce him before the learned Magistrate on 07/06/2011 for execution of the sentence. (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.2337/05 5 Crl.R.P.No.2337/05 6 Crl.R.P.No.2337/05 7 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 Crl.R.P.No.2337/05 8 Crl.R.P.No.2337/05 9