IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 Crl.Rev.Pet.No. 379 of 2005(B) ------------------------------ CC.375/1999 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA CRA.132/2001 of THE ADDL.DISTRICT & S ESSIONS COURT, (ADHOC-II)FAST TRACK COURT-II, PATHANAMMTHITTA .................... REVN. PETITIONER: --------------------- YASWANTH, MARUTHOOR HOUSE, VALLICODE P.O., PATHANAMTHITTA. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU RESPONDENTS: --------------- 1. UMMEN ABRAHAM, S/O.MATHAI UMMEN, MELEL HOUSE, MYLAPRA. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.P.VIJAYA BHANU FOR R1 SRI.P.M.RAFIQ FOR R1 R2 BY PUBLIC PROSECUTOR MR.PUZHAKKARA MUHAMMED THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 20/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J ==== ============== Crl.R.P.No. 379 of 2005 ===================== Dated this the 20th day of June 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 31/7/2001 in C.C.No.375/1999 convicted and sentenced him to undergo simple imprisonment for three months and to pay compensation of Rs.1,50,000/- to the complainant under Section 357(3)Cr.P.C. The appeal was partly allowed by the appellate court and the conviction was confirmed. But the sentence is reduced to simple imprisonment for two months keeping intact the direction for payment of compensation of Rs.1,50,000/- but by adding default imprisonment for two months vide judgment dated 24/12/2004 in Crl.Appeal No.132/2001. 2. Heard the learned counsel for the revision petitioner and the learned Public Prosecutor. CRRP 379/2005 -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. The revision petitioner is ready to pay/deposit the amount of compensation ordered by the courts below. It is prayed to grant six months' time to pay the amount and also to modify the sentence of simple imprisonment for two months ordered by the appellate court to imprisonment till rising of court . 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 revision petitioner can be granted four months' time to pay/deposit the amount of Rs.1,50,000/- less the amount if any already deposited by the revision petitioner and in default to undergo simple imprisonment for two months. The sentence of CRRP 379/2005 -3- simple imprisonment for two months is modified to imprisonment till rising of court. 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 the total amount of Rs.1,50,000/- (Rupees one lakh fifty thousand only) within four months, less the amount if any already deposited as compensation and in default to undergo simple imprisonment for a period of two months. 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 have time till 20/10/2011 to pay/deposit the amount of compensation and thus avoid the default sentence. The revision petitioner shall appear and his sureties CRRP 379/2005 -4- shall produce him before the learned Magistrate on 21/10/2011 for execution of the sentence. M.C.HARI RANI, JUDGE ks CRRP 379/2005 -5- CRRP 379/2005 -6- CRRP 379/2005 -7- M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 CRRP 379/2005 -8- CRRP 379/2005 -9-