IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 Crl.Rev.Pet.No. 1245 of 2010() ------------------------------------ CRA.468/2008 of III ADDL.SESSIONS COURT, KOLLAM CC.823/2003 of JUDICIAL MAGISTRATE OF FIRST CLASS, SASTHAMCOTTA .................... REVN. PETITIONER(S): APPELLANT/ACCUSED ------------------------------------------------------ P.BALAN, AGED 56 YEARS, S/O.CHELLAPPAN PILLAI, PADINJATTIDATHU VEEDU, PUTHUKKODU MURI, CHAVARA P.O., KOLLAM. BY ADV. SRI.V.GOPIKRISHNA RESPONDENT(S): RESPONDENT/COMPLAINANT & STATE ------------------------------------------------------------------ 1. T.K.ABRAHAM, AGED 69 YEARS, S/O.KOCHUKUNJU, THEKKATTU VEETIL, MANAKKARA MURI, SASTHAMCOTTA VILLAGE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.JOHNSON GOMEZ R2 BY PUBLIC PROSECUTOR SMT.ANEY PAUL THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 06/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.1245 of 2010 ---------------------------------------- Dated this the 6th 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 six months and to pay compensation of Rs.2,60,000/- to the complainant under Section 357(3) Cr.P.C and in default to undergo simple imprisonment for two months as per judgment dated 30/08/2008 in C.C.No.823/2003. The conviction was confirmed by the appellate court and the sentence was modified by directing the appellant to undergo simple imprisonment for three months and to pay Rs.2,60,000/- as compensation to the complainant under Section 357(3) Cr.P.C and in default to undergo simple imprisonment for one month (vide judgment dated 09/02/2010 in Crl.A.No.468/08). 2. Heard the learned counsel for the revision petitioner/accused and the learned counsel for the 1st respondent/complainant. The learned Public Prosecutor is also heard. Crl.R.P.No.1245/2010 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 guilty and 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.1,00,000/- has already been deposited by the revision petition before the trial court as ordered by this Court on 09/04/2010 while suspending the sentence as per order in Crl.M.A.No.3783/2010. The revision petitioner prays for four months time to pay/deposit the balance amount of compensation of Rs.1,60,000/- ordered by the courts below and to modify the sentence of simple imprisonment for three months to imprisonment till rising of court. 4. The disputed cheque in this case is for Rs.2,60,000/- dated 15/09/2002. 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 Crl.R.P.No.1245/2010 3 sentence is modified for imprisonment till rising of court. The revision petitioner is granted four months time to pay/deposit the balance amount of Rs.1,60,000/- if Rs.1,00,000/- 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. 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 balance amount of Rs.1,60,000/- (Rupees one lakh sixty thousand only) as compensation within a period of four months, if Rs.1,00,000/- is already deposited and in default to undergo simple imprisonment for a period of three months. The amount in deposit, if any, and the balance amount Crl.R.P.No.1245/2010 4 if deposited shall be released to the complainant on proper application. The revision petitioner shall have time till 08/08/2011 to pay/deposit the balance amount of compensation of Rs.1,60,000/- if Rs.1,00,000/- is already deposited, and thus avoid the default sentence. The petitioner shall appear and his sureties shall produce him before the learned Magistrate on 09/08/2011 for execution of the sentence. (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.1245/2010 5 Crl.R.P.No.1245/2010 6 Crl.R.P.No.1245/2010 7 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 Crl.R.P.No.1245/2010 8 Crl.R.P.No.1245/2010 9