IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 Crl.Rev.Pet.No. 3257 of 2005() ------------------------------ CRA.161/2002 of SPECIAL COURT FOR TRIAL FOR MARADU CASES,KOZHIKODE CC.12/1999 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOZHIKODE .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: --------------------------------------- P. AJITH KUMAR, S/O. VISWANATHAN NAIR, KAMALALAYAM HOUSE, ARAKKINAR P.O., NADUVATTOM AMSOM, DESOM, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE: ----------------------------------------------- 1. K.P. PONNUMANY, S/O. PAZHANI ACHARI, THAZHATHAYIL PARAMBIL, PANNIYANKARA AMSOM, DESOM, KOZHIKODE TALUK. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.SABU SREEDHAR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 22/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.3257 of 2005 ---------------------------------------- Dated this the 22nd day of June 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 as per judgment dated 25/01/2002 in C.C.No.12/99. The conviction and sentence was confirmed by the appellate court (vide judgment dated 27/11/2004 in Crl.A.No161/2002). 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 entered against him by the courts below for the offence under Section 138 of the Negotiable Instruments Act. The learned counsel for the revision petitioner submitted that he is ready to pay the cheque amount as compensation to the complainant. The learned counsel also submitted that Rs.12,000/-, that is the Crl.R.P.No.3257/05 2 entire cheque amount, has already been deposited by the revision petitioner before the trial court as ordered by this Court on 14/12/2005 while suspending the sentence as per order in Crl.M.A.No.21812/2005. The revision petitioner prays 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 substantive sentence imposed by the courts below is modified for imprisonment till rising of court. The revision petitioner is directed to pay/deposit Rs.12,000/- i.e. the entire cheque amount as compensation to the complainant. That amount is already in deposit before the court below as submitted by the learned counsel for the revision petitioner. 5. In the result, a) This revision petition is allowed in part. Crl.R.P.No.3257/05 3 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. The compensation amount of Rs.12,000/-, which is already in deposit, can be released to the complainant on proper application. The revision petitioner shall appear and his sureties shall produce him before the learned Magistrate on 18/07/2011 for execution of the sentence. (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.3257/05 4 Crl.R.P.No.3257/05 5 Crl.R.P.No.3257/05 6 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 Crl.R.P.No.3257/05 7 ORDER 17th DAY OF JUNE 2001 Crl.R.P.No.3257/05 8