IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 Crl.Rev.Pet.No. 1902 of 2004 ------------------------------ CRA.26/2003 of ADDL.SESSIONS COURT, KOTTAYAM CC.782/1999 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOTTAYAM .................... REVN. PETITIONER: APPELLANT/ACCUSED: --------------------------------------- PRAKASHAN (VEDAPRAKASH), S/O. NARENDRA BHUSHAN, A.B. PRESS, CHENGANNOOR, ALLEPPEY DISTRICT. BY ADV. SRI.S.HARIKRISHNAN SRI.V.VENUGOPALAN NAIR RESPONDENTS: RESPONDENTS/COMPLAINANT: --------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. TIJU. T. THOMAS, THAKADIYEL VADAKKETHIL, S.N. PURAM P.O., KOTTAYAM. R1 BY PUBLIC PROSECUTOR SRI SABU SRE EDHARAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 28/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J ==== ============== Crl.R.P.No. 1902 of 2004 ===================== Dated this the 28th 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 31/12/2002 in C.C.No.782/1999 convicted and sentenced him to undergo simple imprisonment for six months . The appeal was partly allowed by the appellate court and the conviction was confirmed. But the sentence was modified to undergo simple imprisonment for three months and to pay a compensation of Rs.27,500/- to the complainant under Section 357(3)Cr.P.C. and in default to undergo simple imprisonment for three months vide judgment dated 25/3/2004 in Crl.Appeal No.26/2003. 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 crrp 1902/2004 2 entered against him by the courts below for the offence under Section 138 of the Negotiable Instruments Act. It is also submitted by the learned counsel for the revision petitioner that the entire cheque amount, i.e.Rs. 27,500/- has been deposited already by the revision petitioner/accused before the trial court as ordered by this Court. There is no appearance for the second respondent/complainant, though notice has been served on him in this revision petition. It is also prayed by the learned counsel for the revision petitioner to modify the sentence of simple imprisonment for three months 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 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 one month's time to pay/deposit the amount of Rs.27,500/- less the amount if any already deposited by the revision petitioner and in default to crrp 1902/2004 3 undergo simple imprisonment for one month. The sentence of simple imprisonment for three months is modified to undergo imprisonment till rising of court. 5. 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, 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.27,500/- (Rupees twenty seven thousand five hundred only) within one month, less the amount, if any, already deposited as compensation and in default to undergo simple imprisonment for a period of one month. 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 28/07/2011 to pay/deposit the amount of compensation and crrp 1902/2004 4 thus avoid the default sentence. The revision petitioner shall appear and his sureties shall produce him before the learned Magistrate on 29/07/2011 for execution of the sentence. Sd/- M.C.HARI RANI, JUDGE ks TRUE COPY P.S. TO JUDGE crrp 1902/2004 5 crrp 1902/2004 6 crrp 1902/2004 7 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 crrp 1902/2004 8 crrp 1902/2004 9