IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 26TH NOVEMBER 2010 / 5TH AGRAHAYANA 1932 Crl.Rev.Pet.No. 3421 of 2010() ------------------------------ CRA.804/2004 of ADDL.SESSIONS COURT (FAST TRACK)III, TRIVANDRUM ST.3093/2000 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, TRIVANDRUM .................... REVN. PETITIONER(S): REVN.PETITIONER/APPELLANT/ACCUSED ------------------------------------------------------ M.S.ALIYAR, S/O. SAYED MUHAMMED, AGED 60, MURINGASSERY HOUSE, NEAR EDATHALA PANCHAYATH OFFICE, ALUVA EAST, ERNAKULAM DISTRICT. BY ADV. SRI.P.V.ANILKUMAR RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE ---------------------------------------------- 1. RAJU, S/O. KRISHNA PILLAI, THALAYIL DEVI NIRAYAM, BALARAMAPURAM, POWER OF ATTORNEY HOLDER OF E.A.RASHEED, OWNER, STANDARD INDUSTRIES, POWER HOUSE ROAD, THIRUVANANTHAPURAM, PIN-695 001. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.G.SUDHEER FOR R1 PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 26/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------------- Crl.R.P. No.3421 of 2010 ----------------------------------------------- Dated 26th November, 2010. O R D E R Revision petitioner was tried for offence under Section 138 of the Negotiable Instruments Act by the Magistrate Court. He was found guilty and was convicted and sentenced to undergo simple imprisonment for six months and to pay a sum of Rs.50,000/- as compensation, in default to undergo simple imprisonment for three months. He was also sentenced to pay a sum of Rs.1,000/- as cost, in default to undergo simple imprisonment for 30 days. 2. In appeal, the learned Additional Sessions Judge confirmed the conviction, but the sentence was modified. Revision petitioner was sentenced to undergo imprisonment till rising of court and to pay compensation of Rs.50,000/- to the complainant under Section 357(3) of the Criminal Procedure Code in default to undergo simple imprisonment for three months. He was further directed to pay a sum of Rs.1,000/- as cost in default to under simple imprisonment for 30 days. 3. Learned counsel for the revision petitioner submitted that he is not challenging the conviction or sentence and he has no objection in confirming the conviction and sentence. However, the appellate court had directed the Crl.R.P. No.3421/10 2 revision petitioner to appear before the trial court on 26.6.2010 to receive the sentence, but he could not appear before the court since he could not raise Rs.50,000/- which was to be paid as compensation. But, now the money is raised and the petitioner is prepared to surrender before the court on any day, as directed by this court, it is submitted. 4. There is no representation for respondent. On hearing petitioner's counsel, I am satisfied of the submissions made. I find that the prayer can be allowed. Hence, the following order is passed : (i) The conviction and sentence passed against the revision petitioner are confirmed. (ii) The revision petitioner shall appear before the trial court on 15.12.2010 to receive the sentence. This revision petition is disposed of accordingly. K.HEMA, JUDGE. tgs