IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 Crl.Rev.Pet.No. 2803 of 2010 (A) ------------------------------ CRL. APPEAL. 198/2009 of ADDL. SESSIONS JUDGE (ADHOC-II), MANJERI CC.1259/2004 OF JUDL. FIRST CLASS MAGISTRATE COURT, MALAPPURAM. . ................... REVN. PETITIONER/APPELLANT/ACCUSED --------------------------------------------------------------- MUSTHAFA C., S/O.MARAKKAR, CHEMPAN HOUSE, EKKAPARAMBA, KUZHIMANNA-P.O., KONDOTTY, MALAPPURAM DISTRICT. BY ADV. SRI.P.VENUGOPAL RESPONDENTS/RESPONDENTS/COMPLAINANTS AND STATE ---------------------------------------------------------------------------------------- 1. KADEESUMMA, W/O.ALI AKBAR HAJI, 2. ABDUL KAREEM, S/O.ALI AKBAR HAJI, 3. MUHAMMED SHEREEF, S/O.ALI AKBAR HAJI, 4. AYISHABI, D/O.ALI AKBAR HAJI, 5. FATHIMA, D/O.ALI AKBAR HAJI, 6. KHAIRUNNISA, D/O.ALI AKBAR HAJI, 7. SAINABA, D/O.ALI AKBAR HAJI, 8. BUSHARA, D/O.ALI AKHAR HAJI, 9. HAFSATH, D/O.ALI AKBAR HAJI, 10. ARIFA, D/O.ALI AKBAR HAJI, 11. FEBINA, D/O.ALI AKBAR HAJI, RESIDING AT: MUNDODEN HOUSE, MORAYUR, OZHUKUR PO, VIA-MONGAM, MALAPPURAM DISTRICT. 12. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.V.TEK CHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V.K.MOHANAN, J. ------------------------------- Crl. R.P.No.2803 of 2010 ------------------------------- Dated this the 29th day of October, 2010. O R D E R The accused in a prosecution for an offence u/s.138 of Negotiable Instruments Act is the revision petitioner, as he is aggrieved by the order of conviction and sentence imposed by the courts below. 2. The counsel for the revision petitioner submitted that the revision petitioner has no contention on merit and his further submission is to the effect that the matter has been settled between the parties and to enable the settlement, the sentence to pay fine may be set asided and convert the same into compensation as contemplated u/s.357(3) of Cr.P.C. Having regard to the facts and circumstances involved in the case, I find no reason to deny the above request. In the result, this revision petition is disposed of confirming the conviction against the revision petitioner u/s.138 of Negotiable Instruments Act as recorded by the courts below. 2 Crl. R.P.No.2803 of 2010 Accordingly, while confirming the sentence of imprisonment as refixed by the appellate court, the sentence to pay fine is set aside, whereas the revision petitioner is directed to pay a compensation of Rs.1,02,500/- to the complainant, within one month from today and in default the revision petitioner is directed to undergo simple imprisonment for 2 months. Accordingly, the revision petitioner is directed to appear before the trial court on 29.11.2010, to receive the sentence of imprisonment and to pay the compensation amount as fixed by this court. It is made clear that the revision petitioner is free to pay the compensation amount either directly to the complainant or by remitting the same in the court below, which ever subject to the satisfaction of the learned Magistrate of the trial court. In case, any failure on the part of the revision petitioner in appearing before the court below as directed above and in making the payment of compensation amount, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence awarded against 3 Crl. R.P.No.2803 of 2010 the revision petitioner. The execution of warrant if any, pending against the revision petitioner shall be deferred till 29.11.2010. Criminal revision petition is disposed of accordingly. V.K.MOHANAN, Judge. ami/