IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 Crl.Rev.Pet.No. 238 of 2004(D) ------------------------------ CRA.188/2002 of ADDL.SESSIONS COURT, KOTTAYAM CC.414/1997 of JUDL.MAGISTRATE OF FIRST CLASS, PALA .................... REVN. PETITIONER/ACCUSED/APPELLANT -------------------------------------- R. RAJAN, S/O. RAMACHANDRAN NAIR, URAKATHIL HOUSE, RAMAPUJRAM KARA AND VILLAGE. BY ADV. SRI.A.MOHAMMED SRI.M.SAJJAD SRI.M.MUHAMMED SHAFI SRI.A.V.TELLUS MONWIL RESPONDENTS/COMPLAINANT/RESPONDENT & STATE: ---------------------------------------------- 1. GEORGE JOSEPH, S/O. JOSEPH, MANNAPARAMBIL HOUSE, RAMAPURAM KARA & VILLAGE. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.SHAJI THOMAS PORKKATTIL FOR R1 PUBLIC PROSECUTOR SMT.P.N.SUMANGALA THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 10/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.238 of 2004 ---------------------------------------- Dated this the 10th day of February 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 two months and to pay a compensation of Rs.10,000/- under section 357(3) Cr.P.C and in default to undergo simple imprisonment for one month. The conviction was confirmed by the appellate court and the sentence was modified by directing the appellant to undergo simple imprisonment for fifteen days and to pay Rs.10,000/- as compensation to the complainant and in default to undergo simple imprisonment for one month. 2. Heard the learned counsel for the revision petitioner and the learned counsel for the 1st respondent. The learned Public Prosecutor is also heard. 3. It is submitted by the learned counsel for the revision petitioner that the revision petitioner may be granted one month's time to deposit the compensation amount and the Crl.R.P.No.238/04 2 imposition of sentence of simple imprisonment for fifteen days may be reduced and modified till rising of court. 4. The learned counsel for the 1st respondent has submitted that one month's time can be granted to the revision petitioner to deposit the amount. 5. Considering the facts and circumstances of this case, I am inclined to accept the submissions made by the learned counsel for the revision petitioner. 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. I am inclined to modify the sentence by directing the revision petitioner to undergo imprisonment till rising of court and to deposit the amount of compensation of Rs.10,000/- within 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 petitioner under Section 138 of the Negotiable Instruments Act is confirmed. Crl.R.P.No.238/04 3 (c) But the sentence imposed is modified and reduced. In supersession of the sentence imposed on the petitioner by the court below, he is sentenced to undergo imprisonment till rising of court. He is further directed under Section 357(3) Cr.P.C to pay an amount of Rs.10,000/- (Rupees sixty thousand only) as compensation and in default to undergo simple imprisonment for a period of one month. If realised, the entire amount shall be released to the complainant on proper application. The sentence shall not be executed till 10/03/2011. The petitioner shall have time till that date to pay the amount of compensation of Rs.10,000/- and thus avoid the default sentence. The petitioner shall appear and his sureties shall produce him before the learned Magistrate on or before 11/03/2011 for execution of the sentence. (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.238/04 4 Crl.R.P.No.238/04 5 Crl.R.P.No.238/04 6 M.C.HARI RANI, J Crl.R.P.No.238/04 7 Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 Crl.R.P.No.238/04 8