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. 1282 of 2005 ------------------------------ CRA.109/2004 of II ADDL.SESSIONS COURT, ERNAKULAM CC.775/1999 of JUDL.MAGISTRATE OF FIRST CLASS, MUVATTUPUZHA .................... REVN. PETITIONERS: APPELLANT/ACCUSED: --------------------------------------- ABDUL MAJEED, KATTIL HOUSE, KANDALLOOR, KAYAMKULAM. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENTS: COMPLAINANT: --------------------------- 1. V. PAULOSE, MANITHOTTATHIL HOUSE, SOUTH MARADY P.O., MUVATTUPUZHA. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.BENNY JOSEPH FOR R1 R2 BY PUBLIC PROSECUTOR SRI 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. 1282 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 19/1/2004 in C.C.No.775/1999 convicted and sentenced him to undergo simple imprisonment for six months and to pay a fine of Rs.5,000/- and in default of payment of fine to undergo simple imprisonment for a further period of 45 days. If the fine amount is realised from the accused, it will be given to the complainant as compensation under Section 357 Cr.P.C. The appellate court allowed the appeal in part, confirming the conviction and modified the sentence to undergo imprisonment till rising of court. The accused was further directed to pay a sum of Rs.1,00,000/- as compensation under Section 357(3)Cr.P.C. to the complainant and in default to undergo simple imprisonment for three months vide judgment dated 5/2/2005 in Crl.appeal No.109/2004. crrp1 1282/2005 2 2. Heard the learned counsel for the revision petitioner 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.50,000/- has been deposited already by the revision petitioner before the trial court as ordered by this Court on 30/5/2005 while suspending the sentence as per order in Crl.M.A.No.7726/2005. The revision petitioner is ready to pay/deposit the balance amount of compensation as ordered by the appellate court. It is prayed to grant six months' time to pay the amount of compensation. 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 crrp1 1282/2005 3 pay/deposit the amount of Rs.1,00,000/-(Rupees one lakh only) as compensation ordered by the appellate court less the amount if any already deposited by the revision petitioner and in default to undergo simple imprisonment for three months. The sentence of imprisonment till rising of court as modified by the appellate court is confirmed. 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. The sentence of imprisonment till rising of court ordered by the appellate court is confirmed. (c) The revision petitioner is directed under Section 357(3) Cr.P.C to pay/deposit the total amount of Rs.1,00,000/- (Rupees one lakh only) within four months, less the amount if any already deposited as compensation and in default to undergo simple imprisonment for a period of three 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 crrp1 1282/2005 4 amount of compensation and thus avoid the default sentence. The revision petitioner shall appear and his sureties shall produce him before the learned Magistrate on 21/10/2011 for execution of the sentence. M.C.HARI RANI, JUDGE ks crrp1 1282/2005 5 crrp1 1282/2005 6 crrp1 1282/2005 7 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 crrp1 1282/2005 8