IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 Crl.Rev.Pet.No. 1038 of 2003 ------------------------------ CRA.101/2001 of III ADDL.SESSIONS COURT, ERNAKULAM CC.516/1998 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI .................... REVN. PETITIONER/APPELLANT/ACCUSED: --------------------- JACOB PHILIP THAYYIL, VALACHIRA KARA KADUTHURUTHY VILLAGE KOTTAYAM DISTRICT. BY ADV. SRI.C.C.THOMAS, SENIOR ADVOCATE RESPONDENTS/COMPLAINANT: : 1. PETER J. NILAPPANA, 30/1045,C.MURALI LANE KANIAMPUZHA ROAD VYTTILA, ERNAKULAM. 2. STAT OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI SABU SREEDHARAN SRI.DINESH MATHEW J.MURICKEN FOR R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 27/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J ==== ============== Crl.R.P.No.1038 of 2003 ===================== Dated this the 27th 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 as per judgment dated 18/1/2001 in C.C.No.516/1998 convicted and sentenced him to undergo simple imprisonment for nine months and to pay compensation of Rs.5,58,000/- to the complainant under Section 357(3)Cr.P.C. The appeal was dismissed by the appellate court confirming the conviction and sentence vide judgment dated 18/1/2003 in Crl.Appeal No.101/2001. 2. Heard the learned counsel for the revision petitioner 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 revision petitioner is ready to pay/deposit the amount of compensation CRRP 1038/2003 2 ordered by the courts below. It is prayed to grant six months' time to pay the amount and also to modify the sentence of simple imprisonment for nine months ordered by the trial court and confirmed by the appellate court 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 revision petitioner can be granted six months' time to pay/deposit the amount of Rs.5,58,000/- less the amount if any already deposited by the revision petitioner and in default to undergo simple imprisonment for four months. The sentence of simple imprisonment for nine months is modified to imprisonment till rising of court. 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 CRRP 1038/2003 3 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 total amount of Rs.5,58,000/- (Rupees five lakhs fifty eight thousand only) within six months, less the amount if any already deposited as compensation and in default to undergo simple imprisonment for a period of four 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 27/12/2011 to pay/deposit the amount of compensation and thus avoid the default sentence. The revision petitioner shall appear and his sureties shall produce him before the learned Magistrate on 28/12/2011 for execution of the sentence. Sd/- M.C.HARI RANI, JUDGE ks TRUE COPY P.S. TO JUDGE CRRP 1038/2003 4 CRRP 1038/2003 5 CRRP 1038/2003 6 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 CRRP 1038/2003 7 ORDER 17th DAY OF JUNE 2001 CRRP 1038/2003 8