IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 Crl.Rev.Pet.No. 2308 of 2011() ------------------------------ CRA.410/2006 of ADDL.SESSIONS COURT (ADHOC)-II, KOTTAYAM CC.903/2004 of JUDL. MAGISTRATE OF FIRST CLASS, VAIKOM .................... PETITIONER/APPELLANT/ACCUSED: --------------------- M.S.SANKARAN NAIR, DISTRICT INDUSTRIES OFFICE, KADAVANTHARA, KOCHIN-20, ERNAKULAM. BY ADV. SRI.A.K.JOSEPH RESPONDENTS/RESPONDENTS/COMPLAINANTS: --------------- 1. PRASAD K.N., KIZHAKEKKARA HOUSE, THODANAL.P.O, POOVARANY 686577 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM R1 BY ADV. SRI.M.R.SARIN PUBLIC PROSECUTOR SMT.SEENA.R. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 13/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------------------------------ Crl.R.P. No.2308 of 2011 ------------------------------------------------------- Dated this the 13th day of October, 2011. ORDER This revision is by the accused who has been convicted of the offence under Section 138 of the Negotiable Instruments Act (for short N.I.Act) concurrently by the two courts below. 2. Notice given. The respondent has entered appearance. 3. When the revision was taken up for consideration the learned counsel appearing for the revision petitioner/accused submitted that he has no arguments on merits to assail the conviction but only a request for paying balance amount outstanding on the compensation awarded by the Courts below. It is submitted that during the pendency of the proceedings before the Magistrate Court and also Sessions Court, either by orders of the courts or by direct payment substantial portions of the amount covered by the cheque have already been paid to the respondent/complainant. Pursuant to orders of this Court a sum of Rs.40,000/- (Rupees Fourty thousand only) has also been deposited before the Magistrate Court, to satisfy the condition imposed for suspension of his sentence, submits the Crl.R.P. No.2308 of 2011 2 counsel. The amount outstanding after effecting such payment by deposit or otherwise, according to the counsel is only Rs.70,000/- (Rupees Seventy thousand only). The learned counsel for the complainant acknowledging the above submitted he has no objection in limiting the compensation amount due, as stated, while confirming the conviction rendered by the courts below against the revision petitioner/accused. In such circumstances affirming conviction, sentence imposed against the accused is modified to imprisonment till rising of the court with direction to pay compensation of Rs.70,000/- (Rupees Seventy thousand only) with default term of simple imprisonment for one month. 4. Petitioner/accused is directed to appear before the Magistrate on 2.11.2011 to serve out the imprisonment till rising of the court and to report the payment of compensation. The Magistrate shall keep in abeyance the execution of the sentence till the date fixed as above for his appearance to enable him to make the payment within such period. The amount already deposited by the petitioner/accused till now shall be released to the respondent/complainant, and such amount shall not be reckoned Crl.R.P. No.2308 of 2011 3 and taken into consideration as payment towards compensation now fixed and awarded under this revision. In default of appearance of the petitioner and non payment of the compensation as fixed above the Magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision is disposed of. Sd/- S.S.SATHEESACHANDRAN, JUDGE rkc true copy PA to Judge