IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 Crl.Rev.Pet.No. 921 of 2005(A) ------------------------------------------- [CRL.A.NO.543/2004 OF VI TH ADDITIONAL SESSIONS COURT, ERNAKULAM, CC.NO.185/2001 OF JUDICIAL MAGISTRATE OF FIRST CLASS-II, KOCHI] .................... REVISION PETITIONER/APPELLANT/ACCUSED: -------------------------------------------------------------------- M.K.BEENA, W/O. RAVEENDRAN, MANNALIL HOUSE, PALLURUTHY. BY ADVS. SRI.C.AJITH KUMAR (KALLESSERIL), SRI.C.ANILKUMAR (KALLESSERIL). RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE: ----------------------------------------------------------------------------------- 1. P.M.BAVA, C.C.23/67, KALAPARAMBU, PALLURUTHY, KOCHI. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.S.RAJKUMAR, R2 BY PUBLIC PROSECUTOR SRI. PUZHAKKARA MUHAMMED. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 04/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.921 of 2005 ---------------------------------------- Dated this the 4th day of April 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 her to undergo simple imprisonment for three months and to pay compensation of Rs.45,000/- under Section 357(3) Cr.P.C and in default to undergo simple imprisonment for one month as per judgment dated 18/5/2004 in C.C.No.185/2001. The conviction and sentence was confirmed by the appellate court (vide judgment dated 24/12/2004 in Crl.A.No.543/2004). 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.921/05 2 entered against her by the courts below for the offence under Section 138 of the Negotiable Instruments Act. It is only prayed that six months time may be granted to pay/deposit the amount of compensation and the sentence of simple imprisonment for three months may be modified to imprisonment till rising of court. 4. The learned counsel for the respondent submits that four months time can be given to the revision petitioner to pay the amount of compensation. 5. The disputed cheque in this case is for Rs.43,000/- dated 08/01/2001. A concurrent finding of guilty and conviction is there against the revision petitioner by the trial court as well as by the appellate court. 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 undergo imprisonment till rising of court. She can be granted four months time to deposit the amount of compensation of Rs.45,000/- (less the amount, if any already deposited) and in default to undergo simple Crl.R.P.No.921/05 3 imprisonment for three months. 6. 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. (c) But the sentence imposed is modified and reduced. In supersession of the sentence imposed on the revision petitioner by the courts below, she is sentenced to undergo imprisonment till rising of court. She is further directed under Section 357(3) Cr.P.C to pay/deposit Rs.45,000/- (Rupees forty five thousand only) as compensation (less the amount, if any, already deposited) within a period of four months and in default to undergo simple imprisonment for a period of three 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 04/08/2011 to pay/deposit the amount of compensation of Rs.45,000/- (less the amount, if any, already deposited) and thus avoid the default sentence. The petitioner shall appear and her sureties shall produce her before Crl.R.P.No.921/05 4 the learned Magistrate on 05/08/2011 for execution of the sentence. (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.921/05 5 Crl.R.P.No.921/05 6 Crl.R.P.No.921/05 7 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 Crl.R.P.No.921/05 8 Crl.R.P.No.921/05 9