IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 25TH MAY 2011 / 4TH JYAISHTA 1933 Crl.Rev.Pet.No. 3523 of 2005 ------------------------------ CRA.14/2004 of II ADDL. SESSIONS COURT, PALAKKAD CC.458/2002 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD .................... REVN. PETITIONER: REVISION PETITIONER/APPELLANT/ACCUSED ---------------------------------------------------------- K.RAJAMANI, S.O.KANDU, NALLIYAMPADAM, POLPULLY, PALAKKAD. BY ADV. SRI.RENJITH THAMPAN SMT.P.A.ANITHA RESPONDENTS: RESPONDENTS/RESPONDENTS/COMPLAINANT -------------------------------------------------- 1. K.GOPINATH, THEKKEYIL HOUSE, KONGAD, PALAKKAD. 2. STATE OF KERALA REP. BY PUBLIC PROSEUCUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.SAJAN VARGHEESE K. FOR R1 SRI.LIJU. M.P FOR R1 SRI.M.V.BIPIN FOR R1 R2 BY PUBLIC PROSECUTOR MR. PUZHAKKARA MUHAMMED THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 25/05/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C. HARI RANI, J. ====================== CRL.R.P.NO.3523 OF 2005 ======================= Dated this the 25th day of May 2011 ORDER The revision petitioner stands convicted for the offence under Section 138 of the Negotiable Instruments Act. The trial court as per judgment dated 11/12/2003 in C.C.No.458/2002 convicted and sentenced him to undergo imprisonment till rising of court and to pay compensation of Rs.40,000/-to the complainant under Section 357(3) Cr.P.C. and in default to undergo simple imprisonment for a period of one and half months. The conviction and sentence were confirmed by the appellate court and the appeal was dismissed vide judgment dated 16/11/2005 in Crl.Appeal No.14/2004. 2. Heard the learned counsel for the revision petitioner and the learned Public Prosecutor . CRRP 3523/2005 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 . It is further submitted that the revision petitioner has already deposited Rs.20,000/- before the trial court in complying with the direction of this court in the order dated 7/6/2006 in Crl.M.A.No.4367/2006 and also prays three months' time to pay the balance amount. 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. After considering the prayer made by the learned counsel for the revision petitioner, three months' time is granted as prayed for by the learned counsel for the revision petitioner to pay/deposit the amount of compensation of Rs.40,000/- less the amount if CRRP 3523/2005 3 any already deposited, and in default to undergo simple imprisonment for two months. The sentence of imprisonment till rising of court as ordered by the trial court and confirmed 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 petitioner under Section 138 of the Negotiable Instruments Act are confirmed. The sentence of imprisonment till rising of court as ordered by the trial court and confirmed by the appellate court is also confirmed. (c) The revision petitioner is directed under Section 357(3) Cr.P.C to pay/deposit the amount of Rs.40,000/- (Rupees forty thousand only) as compensation to the complainant, less the amount if any already deposited, 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 petitioner shall have time till 25/8/2011 to pay/deposit the total amount of compensation and thus avoid the default sentence. CRRP 3523/2005 4 The petitioner shall appear and his sureties shall produce him before the learned Magistrate on 26/8/2011 for execution of the sentence. M.C.HARI RANI, JUDGE ks CRRP 3523/2005 5 CRRP 3523/2005 6 CRRP 3523/2005 7 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 CRRP 3523/2005 8 CRRP 3523/2005 9 M.C. HARI RANI JUDGE ks. M.C. HARI RANI JUDGE ks.