IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 Crl.Rev.Pet.No. 1204 of 2004(A) ------------------------------- CRA.3/2001 of ADDL.SESSIONS COURT-III, KOZHIKODE CC.230/1999 of JUDL.MAGISTRATE OF FIRST CLASS, VADAKARA .................... REVN. PETITIONER/APPELLANT/ACCUSED: --------------------------------------- A. RAJU, S/O. AYYAPPAN, KATHALATH HOUSE, KAINATTY, MUTTUNGAL P.O., VATAKARA. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENTS/RESPONDENT/COMPLAINANT: -------------------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. BALAKRISHNAN C.N., S/O. NARAYANAN, CHERIYANANKANDIYIL HOUSE, P.O. VAIKKILASSERI, VATAKARA. PUBLIC PROSECUTOR SRI.SABU SREEDHAR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 24/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.1204 of 2004 ---------------------------------------- Dated this the 24th day of May 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 convicted and sentenced him to undergo simple imprisonment for six months as per judgment dated 14/12/2000 in C.C.No.230/99. The conviction and sentence was confirmed by the appellate court vide judgment dated 05/01/2004 in Crl.A.No.03/2001 and dismissed the appeal. 2. Heard the learned counsel for the revision petitioner/accused 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 entered against him by the courts below for the offence under Section 138 of the Negotiable Instruments Act. The learned counsel also submitted that Rs.15,000/- has already been deposited by the revision petitioner before the court of J.F.C.M, Vadakara as ordered by this Court on 04/05/2004 while Crl.R.P.No.1204/2004 2 suspending the sentence as per order in Crl.M.A.No.Crl.M.A.No.5357/04. It is also prayed to modify the sentence of simple imprisonment for six months as ordered by the trial court and confirmed by the appellate court to imprisonment till rising of court. The revision petitioner is ready to deposit the entire cheque amount of Rs.30,000/- (less the amount already deposited) within two months, towards compensation under Section 357(3) Cr.P.C which can be withdrawn by the complainant. 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 substantive sentence of simple imprisonment for six months is modified for imprisonment till rising of court. The revision petitioner is granted two months time to pay/deposit Rs.30,000/- (less the amount, if any, already deposited) as compensation under Section 357(3) Cr.P.C and in default to undergo simple Crl.R.P.No.1204/2004 3 imprisonment for one month. 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 Rs.30,000/- (Rupees thirty thousand only) as compensation (less the amount if any already deposited) on or before 24/08/2011 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 appear and his sureties shall produce him before the learned Magistrate on 25/08/2011 for execution of the sentence. (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.1204/2004 4 Crl.R.P.No.1204/2004 5 Crl.R.P.No.1204/2004 6 Crl.R.P.No.1204/2004 7 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 Crl.R.P.No.1204/2004 8