IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 Crl.Rev.Pet.No. 2049 of 2010() ------------------------------ CRA.266/2009 OF THE COURT OF SESSIONS, MANJERI DIVISION (ADHOC-II) , MANJERI. ST.649/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, NILAMBUR .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------- A.K.HAMSA, AGED 51 YEARS, S/O.MOHAMMED, AYILAKKARA HOUSE, PAYIMPADAM, PALEMAD.P.O., MALAPPURAM DISTRICT. BY ADV. SRI.U.K.DEVIDAS RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. FIROZ.V.P., AGED 34 YEARS, S/O.ABDULLA, VADAKKEPARAMBATH HOUSE, MODAPOIKA (PO), VAZHIKADAVU AMSOM, MALAPPURAM DISTRICT. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. R2 BY P.P. SRI B. JAYASURYA THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 09/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl.R.P. No. 2049 of 2010 ---------------------------------------- Dated the 9th Day of July, 2010 ORDER The accused in a prosecution for the offence under section 138 of the Negotiable Instruments Act is the revision petitioner as he is aggrieved by the conviction and sentence imposed against him as per the impugned judgment. 2. The case of the complainant is that an amount of Rs.30,000/- was due to the complainant from the accused and towards the discharge of the said liability, the accused issued Ext.P1 cheque dated 5.11.2007 for an amount of Rs.30,000/- which when presented for encashment, dishonoured as there was no sufficient fund in the account maintained by the accused and the revision petitioner/accused miserably failed to repay the cheque amount in spite of a formal demand notice issued by him. With the said allegation, the complainant approached the court of Judicial First Class Magistrate, Nilambur, by filing a formal complaint upon which cognizance was taken under CRRP 2049/10 -:2:- section 138 of the N.I.Act and instituted S.T.No.649/2008. During the course of trial, the complainant himself mounted to the box and adduced oral evidence as PW1. He has also produced Exts.P1 to P6 as documentary evidence. Two witnesses were examined from the side of the defence as DWs 1 and 2, but no defence exhibits were produced. On conviction, the revision petitioner is sentenced to undergo simple imprisonment for one month and also directed to pay a sum of Rs.30,000/- to the complainant as compensation under section 357(3) Cr. P.C. The default sentence fixed is simple imprisonment for one month. Though an appeal was filed, by judgment dated 6.5.2010 in Crl.A.No.266/2009, the court of Sessions (Adhoc-II) , Manjeri allowed the appeal only in part, and thus, while confirming the conviction, the sentence of imprisonment is reduced to imprisonment till rising of the court and the sentence in all other respects are upheld. Accordingly, the revision petitioner is directed to appear before the trial court 6.5.2010. It is the above orders of the courts below and conviction and sentence, challenged in this CRRP 2049/10 -:3:- Crl.Revision Petition. 3. The learned counsel for the revision petitioner fairly submitted that the revision petitioner is ready to pay the amount within two weeks from toady and the petitioner may be permitted to pay the compensation amount directly to the Ist respondent/complainant. 4. Having regard to the facts and circumstances involved in the case, I am of the view that the said submission can be considered favourably. In the result, this Crl.R.P is disposed of confirming the conviction and sentence against the revision petitioner/accused and revision petitioner is directed to pay a sum of Rs.30,000/- as compensation to the complainant under section 357(3) Cr.P.C and in case of default, he is directed to undergo simple imprisonment of one month. The revision petitioner is free to pay the above compensation amount to the Ist respondent/complainant either directly or by remitting the same in the court subject to the satisfaction of the trial court, within two weeks from today. Accordingly, the CRRP 2049/10 -:4:- revision petitioner is directed to appear before the trial court on or before 26.7.2010 to receive the sentence and to pay the compensation amount. If there is any default on the part of the revision petitioner in appearing before the trial court as directed above, the trial court is free to take coercive steps against the revision petitioner to secure his presence and to execute the sentence and for realisation of the amount. V.K.MOHANAN, JUDGE kvm/- CRRP 2049/10 -:5:- O.P.No. JUDGMENT Dated:..