IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 Crl.Rev.Pet.No. 830 of 2000() ----------------------------- CRA.143/1997 of II ADDL.SESSIONS COURT, KOLLAM CC.410/1995 of JUDL.MAGISTRATE OF FIRST CLASS-I, KARUNAGAPPALLY .................... REVN. PETITIONER: ------------------ A.E. GOPINATHA KURUP, KOYIKKAL VEEDU, PULLIKKANAKKU, KAYAMKULAM BY ADV. SRI.RAJA VIJAYARAGHAVAN SRI.M.T.SURESHKUMAR RESPONDENTS: ------------- 1. BALAKRISHNA PILLAI, S/O. SANKARA PILLAI, SARALA MANDIRAN KULANGARA BHAGOM MURI, CHAVARA, KOLLAM 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSEUCTOR HIGH COURT OF KERALA, ERNAKULAM BY ADV. SRI.S.V.BALAKRISHNA IYER (SR.) FOR R1 SRI.P.B.KRISHNAN FOR R1 PUBLIC PROSECUTOR SRI. C.M. NAZAR FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 28/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 830 of 2000 * * * * * * * * * * * * * * * * * * Dated: 28-07-2008 ORDER The revision petitioner who was the accused in C.C. 410 of 1995 on the file of the J.F.C.M. Karunagappally, which was a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881, involving a cheque for Rs. 20,000/- stands convicted concurrently by the courts below for the said offence. As per the judgment of the lower appellate court, the sentence of rigorous imprisonment for a period of six months imposed by the trial court has been confirmed. 2. I heard the learned counsel for the petitioner as well as the learned counsel appearing for the first respondent/complainant. 3. It is admitted by the learned counsel appearing for the complainant also that the civil suit filed by the complainant as O.S. No. 483 of 1997 before the Munsiff's Court , Karunagappally, for realisation of a sum of Rs. 30,800/- with interest founded on the very same cheque in question has been decreed and the decree amount has been realised. If so, the only order which is contemplated is to confirm the conviction recorded against the revision petitioner and to Crl.R.P. 830 of 2000 -:2:- modify the sentence imposed on him. Accordingly, the conviction is confirmed and the sentence imposed on the revision petitioner is set aside and instead he is sentenced to undergo imprisonment till the rising of the court for which purpose he shall appear before the court below on 6-8-2008. Crl.R.P. is disposed of as above. V. RAMKUMAR, (JUDGE) ani. Crl.R.P. 830 of 2000 -:3:- V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 830 of 2000 * * * * * * * * * * * * * * * * * * Dated: 28-07-2008 ORDER