IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 Crl.Rev.Pet.No. 412 of 2004(B) ------------------------------ CRA.463/2002 of SESSIONS COURT, KOTTAYAM CC.273/2002 of CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED :- ------------------------------------------------------------------ RAGHAVAN, PROPRIETOR, TIRUPATHI RUBBER INDUSTRIES, MURIYAD, THRISSUR DISTRICT, KERALA RESIDING AT THANAPARAMBIL HOUSE, KOTTAPPADY.P.O., GURUVAYOOR 680 501. BY ADV. SRI.P.C.CHACKO(PARATHANAM) SRI.A.K.HARIDAS RESPONDENT(S)/RESPONDENTS/COMPLAINANT AND STATE OF KERALA :- ---------------------------------------------------------------------------------------------------------- 1. M/S.MALAYA TRADE IMPEX PRIVATE LTD, RUBBER BHAVAN, MALAYA CORNER, M.C.ROAD, KODIMATHA, KOTTAYAM, KERALA-686 039. REPRESENTED BY POWER OF ATTONRNEY HOLDER, TALICE DOMINIC. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.VPK.PANICKER FOR R1 PUBLIC PROSECUTOR MR.C.M.NAZAR FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 12/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt V.K.MOHANAN, J. ~~~~~~~~~~~~ Crl.R.P.No.412 of 2004 ~~~~~~~~~~~~~~~~ Dated this the 12th day of July 2010 O R D E R The accused in a prosecution for an offence punishable under Sec.138 of the Negotiable Instruments Act, preferred this revision petition challenging his conviction and sentence. 2. When the matter taken for hearing, this Court suggested for a settlement of the dispute and accordingly the learned counsel for the revision petitioner submitted that the revision petitioner is ready to pay a total sum of Rs.70,000/- to the complainant towards the full settlement of the dispute. The learned counsel for the complainant/respondent submitted that his party is also interested in getting the money as suggested by this Court and he is not interested in sending the revision petitioner to jail. Crl.R.P.No.412 of 2004 -: 2 :- 3. In the light of the above submissions made by the respective counsels, I am of the view that this revision petition itself can be disposed of, modifying the sentence of imprisonment ordered against the revision petitioner by the court below and slightly enhancing the amount of compensation ordered. 4. In the result, this revision petition is disposed of confirming the conviction of the revision petitioner under Sec.138 of the N.I.Act as recorded by the trial court as well as the lower appellate court. Accordingly, the revision petitioner is directed to undergo simple imprisonment for one day ie; till the rising of the court and he is further directed to pay a sum of Rs.75,000/- to the complainant as compensation under Sec.357(3) of Cr.P.C. 5. The learned counsel for the revision petitioner submitted that the revision petitioner has already deposited a sum of Rs.25,000/- in the trial court as directed by this Court and the complainant/respondent can be permitted to Crl.R.P.No.412 of 2004 -: 3 :- withdraw the said amount and out of Rs.75,000/-, the revision petitioner is need to pay balance amount of Rs.50,000/- only. Today, the counsel for the revision petitioner has handed over a banker's cheque drawn in the name of the complainant/respondent for an amount of Rs.45,000/- and the counsel for the respondent/complainant acknowledged the receipt of the said cheque. If that be so, the revision petitioner need to pay the remaining balance of Rs.5,000/- only. 6. Accordingly, the revision petitioner is directed to pay a sum of Rs.5,000/- to the complainant within two weeks from today and also directed him to appear before the trial court on 26th July, 2010 to receive the sentence of imprisonment and to pay a sum of Rs.5,000/- towards the final settlement of the compensation amount ordered by this Court. If there is any default in appearing before the trial court and making the payment of Rs.5,000/-, trial court is free to take coercive steps to secure the presence of the Crl.R.P.No.412 of 2004 -: 4 :- revision petitioner and to execute the sentence and for realization of the amount of Rs.5,000/-. The revision petitioner on his appearance before the trial court shall file a memo showing the payment of Rs.45,000/- by way of banker's cheque and payment of Rs.5,000/- in cash to the complainant subject to the satisfaction of the trial court. Subject to the above modification with respect to the sentence of imprisonment and direction for payment of compensation this revision petition is disposed of. The respondent/complainant is free to withdraw a sum of Rs.25,000/- which already deposited in the trial court on 4.3.2004 on the basis of the order issued by this Court in this Crl. Revision Petition. Crl.R.P. is disposed of accordingly. V.K.MOHANAN, JUDGE. Jvt