IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933 Crl.Rev.Pet.No. 1306 of 2005 ---------------------------------------- [CRL.A.NO.458/2003 OF II ADDITIONAL SESSIONS COURT, PALAKKAD, CC.NO.88/2001 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT, ALATHUR] .................... REVISION PETITIONER/APPELLANT/ACCUSED: -------------------------------------------------------------------- BABU, S/O. SUNDARAN, CHARAPARAMBIL HOUSE, KUZHALMANNAM, ALATHUR, PALAKKAD DISTRICT. BY ADV. SRI.C.D.DILEEP. RESPONDENTS/RESPONDENTS/COMPLAINANT: --------------------------------------------------------------------- 1. MOHANAN, S/O. SHANKARAN, MARUTHACODU VEEDU, MARUTHACODU, KUNISSERY, PALAKKAD. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY ADV. SRI.A.R.GANGADAS, R2 BY PUBLIC PROSECUTOR SMT. ANEY PAUL. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 30/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.1306 of 2005 ---------------------------------------- Dated this the 30th day of March 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, after considering the evidence, has convicted and sentenced him to undergo simple imprisonment for six months and directed to pay compensation of Rs.60,000/-. The cheque is dated 25/11/2000 for Rs.60,000/- and that amount was ordered to be paid as compensation with no default sentence as per judgment dated 06/10/2003 in C.C.No.88/2001. The conviction was confirmed by the appellate court (vide judgment dated 19/7/2004 in Crl.A.No.458 of 2003). This concurrent finding of guilty and conviction against the revision petitioner for the offence under Section 138 of the Negotiable Instruments Act has been challenged by the accused/revision petitioner before this Court in this revision petition. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondent. The learned Public Prosecutor is also heard. Crl.R.P.No.1306/05 2 3. At the time of argument, it is submitted by the learned counsel for the revision petitioner/accused that if three months time is given, the revision petitioner can pay/deposit the compensation amount of Rs.60,000/- as ordered by the trial court and confirmed by the appellate court. It is also prayed to modify the sentence of simple imprisonment for six months to imprisonment till rising of court. The same is not opposed by the learned counsel for the complainant/respondent. 4. The disputed cheque in this case is dated 25/11/2000 for Rs.60,000/-. 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. Only the cheque amount of Rs.60,000/- has been ordered as compensation by the courts below. The revision petitioner can be granted three months time to pay/deposit the amount of compensation of Rs.60,000/- and in default to undergo simple imprisonment for three months. Crl.R.P.No.1306/05 3 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. (c) But the sentence imposed is modified and reduced. In supersession of the sentence imposed on the 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 cheque amount of Rs.60,000/- (Rupees sixty thousand only) as compensation within a period of three months and in default to undergo simple imprisonment for a period of three months. The amount, if deposited, shall be released to the complainant on proper application. The petitioner shall have time till 30/6/2011 to pay/deposit the amount of compensation of Rs.60,000/- and thus avoid the default sentence. The petitioner shall appear and his sureties shall produce him before the learned Magistrate on 01/07/2011 for execution of the sentence. (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.1306/05 4 Crl.R.P.No.1306/05 5 Crl.R.P.No.1306/05 6 M.C.HARI RANI, J Crl.R.P.No.1306/05 7 Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 Crl.R.P.No.1306/05 8