IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 Crl.Rev.Pet.No. 1864 of 2009 ------------------------------ CRA.793/2007 of ADDL. SESSIONS COURT (FAST TRACK COURT NO-II, ADHOC), THRISSUR ST.5661/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, VADAKKANCHERY .................... REVN. PETITIONER: APPELLANT/ACCUSED -------------------------------------- SHAJI, S/O.SAITHALI, NADATHARA P.O., ERATTAKULANGARA DESOM, WADAKKANCHERY VILLAGE, THALAPPILLY TALUK. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENTS: RESPONDENTS/COMPLAINANT & STATE ---------------------------------------------- 1. ANTO, S/O.NEYYAN LASAR, AKAMALA DESOM, ENGAKKAD VILLAGE, THALLAPPILLY TALUK. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT. ANEY PAUL SRI.JIJO PAUL FOR R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 12/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J ================= Crl.R.P.No.1864 OF 2009 =================== Dated this the 12th 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 as per judgment dated 27/9/2007 in S.T.No. 5661/2007 convicted and sentenced him to undergo simple imprisonment for three months and to pay Rs.1,60,000/- to the complainant as compensation under Section 357(3) Cr.P.C.and in default to undergo simple imprisonment for one month. The appellate court allowed the appeal in part confirming the conviction but the sentence is modified to simple imprisonment for one day till rising of court and to pay compensation of Rs.1,60,000/- to the complainant and in default to undergo simple imprisonment for three months vide judgment dated 4/4/2009 in Crl.Appeal No.793/2007. 2. Heard the learned counsel for the revision petitioner and the learned Public Prosecutor . CRRP 1864/2009 2 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 entered against him by the courts below for the offence under Section 138 of the Negotiable Instruments Act and the revision petitioner is ready to pay/deposit the cheque amount within eight months. 4. The disputed cheque in this case is for Rs. 1,60,000/- dated 1/7/2005. A concurrent finding of guilty and conviction is there against the revision petitioner by the trial court as well as by the appellate court. About five years is already elapsed after the issuance of the disputed cheque. 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. Only the cheque amount of Rs.1,60,000/- has been ordered as compensation by the courts below and in default to undergo simple imprisonment for three months is ordered by the appellate court. This Court has directed as per order dated 30/6/2009 in Crl.M.A.No.5642/2009 to deposit an amount of Rs.50,000/-. If that amount is in deposit, I am inclined to direct CRRP 1864/2009 3 the revision petitioner/accused to pay total compensation of Rs.1,65,000/- and five months time can be granted to pay/deposit the entire amount of compensation, less the amount if any already deposited by the revision petitioner and in default to undergo simple imprisonment for four months. The sentence imposed by the appellate court to suffer simple imprisonment for one day till rising of court is confirmed. 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 and the sentence imposed by the appellate court to suffer simple imprisonment for one day till rising of court is also confirmed. (c) The revision petitioner is directed under Section 357(3) Cr.P.C to pay/deposit the total amount of Rs.1,65,000/- (Rupees one lakh sixty five thousand only) within five months, less the amount if any already deposited, as compensation and in default to undergo simple imprisonment for a period of four months. The amount in deposit, if any, and the balance amount if deposited shall be released to the complainant on proper CRRP 1864/2009 4 application. The petitioner shall have time till 12/9/2011 to pay/deposit the total amount of compensation of Rs.1,65,000/- less the amount if any already deposited and thus avoid the default sentence. The petitioner shall appear and his sureties shall produce him before the learned Magistrate on 13/9/2011 for execution of the sentence. M.C.HARI RANI, JUDGE ks