IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 Crl.Rev.Pet.No. 888 of 2005() ----------------------------- CRA.231/2003 of SESSIONS COURT, PATHANAMTHITTA CC.11/2001 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA .................... REVN. PETITIONER: APPELLANT/ACCUSED: --------------------------------------- SAJEEV RAVI, S/O. RAVEENDRAN M.G., MULLANKUZHIYIL HOUSE, VALLICODE MURI, VALLICODE VILLAGE, KOZHENCHERRY TALUK. BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS: RESPONDENTS/COMPLAINANT: --------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. YESODHARA PANICKER, S/O. NARAYANAN, MURUTHUR HOUSE, VALLICODE MURI, VALLICODE VILLAGE, KOZHENCHERRY TALUK. ADV. SRI.SIBY MATHEW FOR R2 SRI.PHILIP J.VETTICKATTU FOR R2 BY PUBLIC PROSECUTOR MR. PUZHAKKARA MUHAMMED THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 20/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J ==== ============== Crl.R.P.No. 888 of 2005 ===================== Dated this the 20th 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 25/6/2003 in C.C.No.11/2001 convicted and sentenced him to pay a fine of Rs.1,00,000/- and in default to undergo simple imprisonment for thirty days. The fine amount, if recovered shall be paid to the complainant as compensation under Section 357(1)Cr.P.C. The conviction and sentence were confirmed by the appellate court and the appeal was dismissed vide judgment dated 10/3/2005 in Crl.Appeal No.231/2003. 2. Heard the learned counsel for the revision petitioner, the learned counsel for the 2nd respondent and the learned Public Prosecutor. 3. At the time of argument, it is fairly submitted by the learned counsel for the revision petitioner/accused that the revision petitioner is not challenging the concurrent finding of CRRP 888/2005 2 conviction entered against him by the trial court as well as by the appellate court for the offence under Section 138 of the Negotiable Instruments Act. The learned counsel also submitted that Rs.25,000/- has been deposited already by the revision petitioner before the trial court as ordered by this Court on 11/4/2005 while suspending the sentence as per order in Crl.M.A.No.4360/2005. The revision petitioner is ready to pay/deposit the balance amount of fine within eight months. The learned counsel for the 2nd respondent submitted that four months time can be given. 4. Considering the prayer made by the learned counsel for the revision petitioner, I am inclined to grant four months time from today to pay/deposit the fine amount of Rs.1,00,000/- less the amount if any already deposited and in default to undergo simple imprisonment for two months. 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. CRRP 888/2005 3 (c) The revision petitioner/accused is directed to pay/deposit the fine amount of Rs.1,00,000/- (Rupees one lakh only) within four months from today, less the amount if any already deposited and in default to undergo simple imprisonment for two months. The fine amount, if recovered, shall be paid to the complainant as compensation under Section 357(1)Cr.P.C. The amount in deposit if any and the balance amount if deposited shall be released to the complainant on proper application. M.C.HARI RANI, JUDGE ks CRRP 888/2005 4 CRRP 888/2005 5 CRRP 888/2005 6 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 CRRP 888/2005 7 CRRP 888/2005 8