IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 11TH APRIL 2011 / 21ST CHAITHRA 1933 Crl.Rev.Pet.No. 809 of 2005(A) ------------------------------ CRA.264/2003 of SESSIONS COURT, PATHANAMTHITTA CC.38/2002 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA .................... REVN. PETITIONER: --------------------- C.RAMAKRISHNA PILLAI, SIVA NIVAS, VAZHAPPALLY MURI, VAZHAPPALLY VILLAGE, CHANGANACHERRY, KOTTAYAM DISTRICT. BY ADV. SMT.K.V.BHADRA KUMARI RESPONDENTS: --------------- 1. M.K.BHARGAVI, W/O.CHANDRASEKHARAN, SANTHOSH BHAVANAM, KALANJOOR MURI, KALANJOOR VILLAGE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI PUZHAKKAR MUHAMMED ADV. SRI.SIBY MATHEW FOR R1 SRI.PHILIP J.VETTICKATTU FOR R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 11/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C. HARI RANI, J. ====================== CRL.R.P. NO. 809 OF 2005 ======================= Dated this the 11th day of April 2011 ORDER The revision petitioner stands convicted for the offence under Section 138 of the Negotiable Instruments Act. The trial court as per judgment dated 2/7/2003 in C.C.No.38/2002 convicted and sentenced him to undergo simple imprisonment for three months and to pay an amount of Rs.30,000/- as compensation to the complainant under Section 357(3)Cr.P.C. and in default to undergo simple imprisonment for two months. The appellate court confirmed the conviction and sentence passed by the trial court and the appeal was dismissed vide judgment dated 31/1/2005 in Crl.A. No. 264/2003. 2. Heard the learned counsel for the revision petitioner/accused and the learned counsel for the first respondent/complainant. The learned Public Prosecutor is also heard. CRRP 809/2005 2 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 learned counsel for the revision petitioner also submitted that the revision petitioner has already deposited Rs.5,000/- before the trial court as ordered by this Court in Crl.M.A.No.4007/2005 dated 23/3/2005 while suspending the sentence. The learned counsel for the revision petitioner prays that three months time may be granted to the revision petitioner to pay/deposit the balance amount and that the sentence of imprisonment ordered by the trial court and confirmed by the appellate court to undergo simple imprisonment for three months may be modified for imprisonment till rising of court. 4. The disputed cheque in this case is for Rs. 30,000/-dated 6/6/2001. A concurrent finding of guilty and conviction is there against the revision petitioner by the trial court as well as by the appellate court. About nine years is already elapsed after the issuance of the disputed cheque. In the absence of challenge on any specific grounds, it is not necessary CRRP 809/2005 3 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. Considering the fact that the revision petitioner has already deposited Rs.5,000/- before the trial court, I direct the revision petitioner to pay/deposit the balance amount of Rs.25,000/- as compensation within three months and in default to undergo simple imprisonment for two months. The sentence of simple imprisonment for three 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 petitioner under Section 138 of the Negotiable Instruments Act are confirmed. (c) But the sentence imposed is modified and reduced. In supersession of the sentence imposed on the petitioner by the courts below, he is sentenced to undergo imprisonment till rising of court. He is directed under Section 357(3) Cr.P.C to pay/deposit the total amount of Rs.30,000/- (Rupees thirty thousand only), less the amount if any already deposited, as compensation and in default to undergo simple imprisonment for CRRP 809/2005 4 a period of two months. The amount in deposit, if any, and the balance amount if deposited shall be released to the complainant on proper application. The petitioner shall have time till 11/7/2011 to pay/deposit the total amount of compensation of Rs.30,000/- less the amount if any already deposited and thus avoid the default sentence. The petitioner shall appear and his sureties shall produce him before the learned Magistrate on 12/7/2011 for execution of the sentence. Sd/- M.C.HARI RANI, JUDGE ks. CRRP 809/2005 5 CRRP 809/2005 6 CRRP 809/2005 7 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 CRRP 809/2005 8 CRRP 809/2005 9 M.C. HARI RANI JUDGE ks.