IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 Crl.Rev.Pet.No. 1976 of 2004() ------------------------------ CRA.106/1998 of I ADDL. SESSIONS COURT, TRIVANDRUM CC.177/1995 of JUDL. MAGISTRATE OF FIRST CLASS-IV (MOBILE), TRIVANDRUM .................... REVN. PETITIONER/APPELLANT/ACCUSED: --------------------------------------- K.V.RADHAKRISHNAN, SREEVILAS HOUSE, PUNNAMOODU, SREEVARAHAM, THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE: ----------------------------------------------- 1. HOTEL RESIDENCY TOWER, A REGISTERED FIRM DOING BUSINESS AT SOUTH GATE OF SECRETARIAT, PRESS ROAD, THIRUVANANTHAPURAM BY ITS PARTNER K.M.MATHEW, S/O. K.M.MATHEW, RESIDING AT T.C.2/3332, CHALAKKUZHY ROAD, PATTOM, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.K.L.NARASIMHAN FOR R1 SRI.K.G.MOHANDAS PAI FOR R1 PUBLIC PROSECUTOR SRI.SABU SREEDHAR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.1976 of 2004 ---------------------------------------- Dated this the 23rd 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 pay fine of Rs.35,595/- and in default of payment of fine to undergo simple imprisonment for three months. Out of the fine amount so realised, a sum of Rs.30,595/- to be paid to the complainant as compensation as per judgment dated 13/02/1998 in C.C.No.17795. The conviction and sentence was confirmed by the appellate court vide judgment dated 07/06/2004 in Crl.A.No.106/98. 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. According to the learned counsel for the revision petitioner, the total amount Crl.R.P.No.1976/04 2 covered under the two cheques is Rs.35,595/- and is ready to pay that amount as fine. He also submitted that a portion of the fine amount has already been deposited by the accused before the trial court and prays for two months further time to deposit the balance amount of fine. 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 is sentenced to pay a fine of Rs.35,595/- (Rupees thirty five thousand five hundred and ninety five only). The said fine shall be paid as compensation to the complainant under Section 357(1) Cr.P.C. The revision petitioner is permitted either to deposit the said fine amount before the court below less the amount, if any, already deposited or directly pay the compensation to the complainant on or before 23/08/2011 and produce a memo to that effect before the trial court in case of direct payment. If the revision petitioner fails to deposit or pay Crl.R.P.No.1976/04 3 the said amount within the aforementioned period, he shall suffer simple imprisonment for a period of two months by way of default sentence. The amount, if any already deposited by the accused/revision petitioner before the trial court can be given credit to towards the fine amount. The amount in deposit, if any, and the balance amount if deposited shall be released to the complainant on proper application. 5. In the result, this revision petition is disposed of confirming the conviction entered; but modifying the sentence imposed on the revision petitioner to the above extent. (M.C.HARI RANI, JUDGE) jsr Crl.R.P.No.1976/04 4 Crl.R.P.No.1976/04 5 Crl.R.P.No.1976/04 6 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER Crl.R.P.No.1976/04 7 17th DAY OF JUNE 2001 Crl.R.P.No.1976/04 8