IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 Crl.Rev.Pet.No. 1199 of 2005() ------------------------------ CRA.179/2004 of ADDL.SESSIONS COURT, KOTTAYAM CC.870/2001 of JUDL. MAGISTRATE OF FIRST CLASS-II(MOBILE), KOTTAYAM .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------- ARAVINDAKSHAN NAIR, BINDU NIVAS, PULIKKOTTAPPADY, THRIKKODITHANAM. P.O., CHANGANACHERRY. BY ADV. SRI.K.GOPALAKRISHNA KURUP SRI.S.MANU RESPONDENT(S): RESPONDENT/STATE & COMPLAINANT --------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SAJI THOMAS, KADANTHODU, PALLATHIMUKKU, CHANGANACHERRY. ADV. SRI.P.SATHISAN FOR R2 PUBLIC PROSECUTOR SRI.SABU SREEDHARAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 28/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.A.No.7264/2005 in Crl.R.P.No.1199/2005 Dismissed. 28-09-2010 Sd/-, P.Q.BARKATH ALI, JUDGE /True Copy/ P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.1199 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of September, 2010 ORDER Revision petitioner is the accused in C.C.No.870/2001 of Judicial First Class Magistrate Court II ( Mobile), Kottayam. He was convicted under Section 138 of Negotiable Instruments Act and was sentenced to undergo simple imprisonment for three months and to pay a compensation of Rs. 30,000/-, in default to undergo simple imprisonment for one month by the trial court. On appeal, his conviction was confirmed, but the sentence was modified to the effect that he was sentenced to undergo simple imprisonment for one month and to pay a compensation of Rs. 30,000/-. The accused has now come up in revision challenging his conviction and sentence. 2. When the revision petition came up for hearing today, counsel for the revision petitioner submitted that the revision petitioner is prepared to pay the compensation amount and that as the revision petitioner is laid up, the imprisonment part of the sentence may be set Crl.R.P.No.1199/2005 2 aside. Revision first respondent has no objection for the same. Hence, conviction of the revision petitioner under Section 138 of Negotiable Instruments Act is confirmed. As regards the sentence, the substantive sentence imposed by the trial court which is modified by the lower appellate court is set aside. He is sentenced to pay a fine of Rs. 30,000/- in default to undergo simple imprisonment for one month. Counsel for the revision petitioner submitted that revision petitioner has already deposited Rs. 30,000/- before the trial court as a condition precedent for suspending the sentence. The said amount shall be adjusted towards the fine amount imposed. The complainant is entitled to withdraw that amount. The bail bonds of the accused are cancelled. P.Q.BARKATH ALI JUDGE sv. Crl.R.P.No.1199/2005 3