IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 Crl.Rev.Pet.No. 848 of 2002 -------------------------------------------- CRA.147/1999 of II ADDL.SESSIONS COURT, KOLLAM CC.319/1996 of JUDL.MAGISTRATE OF FIRST CLASS-III, PUNALUR .................... REVN. PETITIONER/PETITIONER/ACCUSED: M.M. BASHEER, S/O. MOHAMMED HANEEFA, BEENA MANZIL, SYNIC SCHOOL P.O., KAZHAKOOTTAM, THIRUVANANTHAPURAM. BY ADV. SRI.K.I.SAGEER RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE: 1. JOY MATHEW, S/O. MATHEW, THYTHARA VEEDU, VALAKKODU VILLAGE. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.THOMAS ABRAHAM FOR R1 SRI.DIPU.R FOR R1 SRI.K.S.HARIDAS FOR R1 PP SRI.T.J.AMBOOKEN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 26/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.P.NO.4776/2002 IN CR.R.P.NO.848/2002 CLOSED 26.5.2009 SD/-K.P.BALACHANDRAN, JUDGE /TRUE COPY/ K.P. Balachandran, J. -------------------------- Crl.R.P.No.848 of 2002 -------------------------- ORDER Petitioner is the accused in C.C.No.319/96 on the file of the Judicial First Class Magistrate's Court- III, Punalur. He was convicted for offence under Section 138 of the Negotiable Instruments Act and sentenced thereunder to undergo simple imprisonment for six months vide judgment passed by the learned Magistrate and the said conviction and sentence was also confirmed in Crl.A.No.147/99 by the II Additional Sessions Judge, Kollam. It is against the concurrent conviction and sentence that this revision is filed. 2. I have perused the records in the case and the judgments of the courts below and heard submissions of counsel. 3. On going through the records in the case, I am of the view that the concurrent verdict of conviction passed against the petitioner by the courts below is correct, legal and proper and that no interference is required to be made by this Court in revision. CRRP 848/02 2 However, as regards the sentence, as submitted by counsel, the sentence of imprisonment by itself will not serve the punitive intend envisaged under the Negotiable Instruments Act. 4. In the result, I modify the sentence of imprisonment to one of imprisonment till rising of court and for payment of compensation of an amount of Rupees One lakh to the complainant under Section 357 Cr.P.C. In default of payment of compensation, petitioner shall undergo simple imprisonment for a term of six months. Two months' time is allowed to the petitioner to make payment of the compensation amount and report the matter before the learned Magistrate. In case compensation amount is not paid, he shall surrender before the learned Magistrate on 28.7.2009 and shall suffer also the default sentence of simple imprisonment for six months. This revision is disposed of as above. 26th May, 2009 (K.P.Balachandran, Judge) tkv CRRP 848/02 3 K.P.Balachandran, J. -------------------------- Crl.R.P.No.848 of 2002 -------------------------- ORDER 26th May, 2009