IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 Crl.Rev.Pet.No. 806 of 2005() ----------------------------- CC.701/1998 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE CRA.170/2002 of ADDL.SESSIONS COURT, KOZHIKODE .................... REVN. PETITIONER/APPELLANT/ACCUSED. --------------------------------------- BABURAJ, S/O.BALAN, KODALASSERY NILAM VEEDU, WEST NALLUR, POOTHALAM, FEROKE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS/COMPLAINANT AND STATE. ------------------------------------- 1. P.DEVADAS, S/O.THEYYAN, ERAHITHARA VEEDU P.O.KARUVANTHURUTHY, FEROKE. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.R.BINDU (SASTHAMANGALAM) FOR R1 PUBLIC PROSECUTOR SRI.SABU SREEDHAR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 21/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.806 of 2005 ---------------------------------------- Dated this the 21st 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 six months as per judgment dated 23/3/2002 in C.C.No.701/98. The conviction was confirmed by the appellate court and the sentence was modified by directing the appellant to undergo imprisonment till rising of court and to pay Rs.40,000/- as compensation to the complainant and in default to undergo simple imprisonment for two months (vide judgment dated 28/01/2005 in Crl.A.No170/2002. 2. Heard the learned counsel for the revision petitioner/accused and the learned counsel for the 1st respondent/complainant. The learned Public Prosecutor is also heard. 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 Crl.R.P.No.806/05 2 entered against him by the courts below for the offence under Section 138 of the Negotiable Instruments Act. The learned counsel also submitted that Rs.5,000/- has already been deposited by the revision petitioner before the trial court as ordered by this Court on 23/3/2005 while suspending the sentence as per order in Crl.M.A.No.3991/2005. The revision petitioner prays for five months time to pay/deposit the balance amount of compensation as ordered by the appellate 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 sentence of imprisonment till rising of court (as ordered by the appellate court) is also confirmed. The revision petitioner is granted three months time to pay/deposit the balance amount of compensation (if Rs.5,000/- is already deposited by the revision petitioner as submitted by the learned counsel for the revision petitioner) and in default to undergo simple imprisonment for Crl.R.P.No.806/05 3 two months. 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 Negotiable Instruments Act are confirmed. The sentence of imprisonment till rising of court (as ordered by the appellate court) is also confirmed. (c) He is further directed under Section 357(3) Cr.P.C to pay/deposit the balance amount of compensation of Rs.35,000/- (Rupees thirty five thousand only) (if Rs.5,000/- is already deposited by the revision petitioner) on or before 22/09/2011 and in default to undergo simple imprisonment for two 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 appear and his sureties shall produce him before the learned Magistrate on 23/09/2011 for execution of the sentence. (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.806/05 4 Crl.R.P.No.806/05 5 Crl.R.P.No.806/05 6 Crl.R.P.No.806/05 7 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 Crl.R.P.No.806/05 8