IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 Crl.Rev.Pet.No. 1050 of 2005() ------------------------------ CRA.791/2003 of III ADDL. SESSIONS COURT (ADHOC), FAST TRACK COURT- 1, THRISSUR CC.841/2000 of JUDL. MAGISTRTE OF FIRST CLASS COURT-III, THRISSUR .................... REVN. PETITIONER/APPELLANT/ACCUSED --------------------------------------------- SUNNY RAPHEL, S/O.RAPHEL, NELLANGARA HOUSE, PARAVATTANI, KALATHODE, MANNUTHY, THRISSUR DISTRICT. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.P.M.RAFIQ RESPONDENTS/COMPLAINANT & STATE: -------------------------------------------- 1. P.S.DENNY, S/O.SUNNY, PALLIPARAMBIL HOUSE, OLLUKKARA, THRISSUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 26/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.1050 of 2005 ---------------------------------------- Dated this the 26th day of May 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 compensation of Rs.85,000/- to the complainant under Section 357(3) Cr.P.C as per judgment dated 07/11/2003 in C.C.No.841/2000. The conviction was confirmed by the appellate court and the appeal was allowed in part. The sentence was modified by directing the appellant to undergo imprisonment till rising of court and to pay Rs.85,000/- as compensation to the complainant and in default to undergo simple imprisonment for three months (vide judgment dated 30/11/2004 in Crl.A.No.791/2003). 2. Heard the learned counsel for the revision petitioner/accused 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 Crl.R.P.No.1050/2005 2 entered against him by the courts below for the offence under Section 138 of the Negotiable Instruments Act. The learned counsel further submitted that Rs.20,000/- has already been deposited by the revision petitioner before the trial court as ordered by this Court on 15/04/2005 while suspending the sentence as per order in Crl.M.A.No.5194/2005. The revision petitioner prays for five months time to pay/deposit the balance amount of compensation as ordered by the courts below. 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 are confirmed. The sentence of imprisonment till rising of court as ordered by the appellate court is confirmed. The revision petitioner is granted four months time to pay/deposit the balance amount of Rs.65,000/- as compensation to the complainant if Rs.20,000/- is already deposited by the revision petitioner as submitted by the learned counsel for the revision petitioner, and in default to undergo simple imprisonment for three months. Crl.R.P.No.1050/2005 3 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 and sentence of imprisonment till rising of court are confirmed. (c) The revision petitioner is further directed under Section 357(3) Cr.P.C to pay/deposit the balance amount of Rs.65,000/- (Rupees sixty five thousand only) as compensation (if Rs.20,000/- is already deposited) within a period of four months 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 revision petitioner shall have time till 26/09/2011 to pay/deposit the balance amount of compensation of Rs.65,000/- (if Rs.20,000/- is already deposited) and thus avoid the default sentence. The revision petitioner shall appear and his sureties shall produce him before the learned Magistrate on 27/09/2011 for execution of the sentence. (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.1050/2005 4 Crl.R.P.No.1050/2005 5 Crl.R.P.No.1050/2005 6 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 Crl.R.P.No.1050/2005 7 ORDER 17th DAY OF JUNE 2001 Crl.R.P.No.1050/2005 8