IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 Crl.Rev.Pet.No. 2294 of 2005 ------------------------------ CRA.50/2001 of ADDL.SESSIONS COURT ,FAST TRACK,(ADHOC)-IV, THIRUVANANTHPURAM CC.94/1995 of JUDL. MAGISTRATE OF FIRST CLASS-IV (MOBILE), THIRUVANANTHAPURAM .................... REVN. PETITIONER: APPELLANT/ACCUSED: --------------------------------------- M. SIVAKUMAR, KRISHNA LEELA, THAMARAKULAM LANE, SASTHAMANGALAM, NOW RESIDING AT PRATHIBHA, THENDRAMPOIKA, VENJARAMOODU, THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL RESPONDENTS: COMPLAINANT & STATE: ----------------------------------- 1. A. BALAPPA, PROPRIETOR, S.S. ENTERPRISES, POWER HOUSE ROAD, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECTUR SRI PUZHAKKARA MUHAMMED THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J ==== ============== Crl.R.P.No. 2294 of 2005 ===================== Dated this the 3rd 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 as per judgment dated 1 /2/2001 in C.C.No.94/1995 convicted and sentenced him to undergo simple imprisonment for three months each and to pay compensation of Rs.50,000/- to the complainant under Section 357(3)Cr.P.C. and also to pay Rs.1,000/- towards cost of the proceedings under Section 352 Cr.P.C. which if not paid, the accused shall undergo simple imprisonment for a further period of 30 days. The conviction and sentence were confirmed by the appellate court and the appeal was dismissed but the sentence of imprisonment passed by the trial court in C.C.No.94/95 for three months each is reduced to simple imprisonment for one month each and that the substantive portion of the sentence shall run concurrently. With respect to the award of compensation and cost, the order passed by the court below stands confirmed vide judgment CRRP 2294/2005 -2- dated 8/7/2005 in Crl.Appeal No.50/2001. 2. Heard the learned counsel for the revision petitioner 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. The learned counsel also submitted that Rs.10,000/- has been deposited already by the revision petitioner before the trial court as ordered by this Court on 13/9/2005 while suspending the sentence as per order in Crl.M.A.No.15142/2005 and Rs.14,230/- has been deposited as per the directions of the appellate court. The revision petitioner is ready to pay/deposit the balance amount. It is prayed to grant four months' time to pay the balance amount and also to modify the sentence of simple imprisonment for one month each ordered by the appellate court to imprisonment till rising of 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 CRRP 2294/2005 -3- 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 can be granted two months' time to pay/deposit the compensation amount of Rs.50,000/-less the amount if any already deposited and in default to undergo simple imprisonment for two months. The sentence of simple imprisonment for one month each ordered by the appellate court is modified to imprisonment till rising of court. 6. 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 further directed under Section 357(3) Cr.P.C to pay/deposit the total amount of Rs.50,000/- (Rupees fifty thousand only) within two months as compensation less the amount if any already deposited and in default to undergo simple CRRP 2294/2005 -4- imprisonment for 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 revision petitioner shall have time till 3/8/2011 to pay/deposit the amount of compensation and thus avoid the default sentence. The revision petitioner shall appear and his sureties shall produce him before the learned Magistrate on 4/8/2011 for execution of the sentence. Sd/- M.C.HARI RANI, JUDGE ks TRUE COPY P.S. TO JUDGE CRRP 2294/2005 -5- CRRP 2294/2005 -6- CRRP 2294/2005 -7- M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER CRRP 2294/2005 -8- 17th DAY OF JUNE 2001 CRRP 2294/2005 -9-