IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 Crl.Rev.Pet.No. 4025 of 2006(C) ------------------------------- CRA.130/2002 of ADDITIONAL DISTRICT & SESSIONS JUDGE (ADHOC-III), KOLLAM. CC.387/1999 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOTTARAKKARA .................... REVN. PETITIONER/APPELLANT/ACCUSED -------------------------------------------------- K.K.MOHAMMED ISMAIL, ILLATHUPARAMBIL KOVILKADAVU, KANJIRAPPALLY. BY ADV. SRI.T.I.ABDUL SALAM RESPONDENTS/RESPONDENTS/STATE OF KERALA AND COMPLAINANT ----------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. PYARELAL, ARAMAM VEEDU, MANICKAL MURI, NELLANADU VILLAGE. PUBLIC PROSECUTOR SRI.SABU SREEDHAR SRI.R.RAJASEKHARAN PILLAI FOR R2 SRI.R.SREEDHARAN NAIR FOR R2 SMT.SABINA JAYAN FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 01/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.4025 of 2006 ---------------------------------------- Dated this the 1st day of July 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 one year and to pay fine of Rs.5,000/-. In default of payment of fine to undergo S.I for three months. He was also directed to pay compensation of Rs.2,82,000/- to the complainant under Section 357 Cr.P.C. as per judgment dated 27/6/2002 in C.C.No.387/99. The conviction and sentence was confirmed by the appellate court and the appeal was dismissed vide judgment dated 31/5/2006 in Crl.A.No.130/2002. 2. Heard the learned counsel for the revision petitioner/accused and the learned counsel for the second respondent/complainant. The learned Public Prosecutor is also heard. 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 Crl.R.P.No.4025/2006 2 entered against him by the courts below for the offence under Section 138 of the Negotiable Instruments Act. The revision petitioner prays for six months time to pay/deposit the amount of compensation as ordered by the courts below and to modify the sentence of simple imprisonment for one year to imprisonment till rising of court. It is also prayed to set aside the sentence of fine imposed on the revision petitioner. 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 substantive sentence of simple imprisonment for one year imposed by the courts below is modified to imprisonment till rising of court. The sentence of fine imposed on the revision petitioner is set aside. Only the cheque amount of Rs.2,82,000/- has been ordered as compensation by the courts below. This Court has already directed the revision petitioner to deposit Rs.50,000/- within a period of four months from 30/01/2007 as Crl.R.P.No.4025/2006 3 per order dated 30/01/2007 in Crl.M.A.No.11595/06 and subsequently granted two months further time for depositing the amount as per order dated 18/7/2007 in Crl.M.A.No.6020/2007. The revision petitioner is granted four months time to pay/deposit the entire compensation amount of Rs.2,82,000/- (less the amount, if any, already deposited) and in default to undergo simple imprisonment for three months. 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) The sentence of fine imposed on the revision petitioner by the courts below is set aside. (d) The substantive sentence of simple imprisonment for one year is modified to imprisonment till rising of court. He is further directed under Section 357(3) Cr.P.C to pay/deposit Rs.2,82,000/- (Rupees two lakhs eighty two thousand only) less the amount if any already deposited, as compensation on or before 01/11/2011 and in default he shall undergo simple Crl.R.P.No.4025/2006 4 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 appear and his sureties shall produce him before the learned Magistrate on 02/11/2011 for execution of the sentence. (M.C.HARI RANI, JUDGE) jsr Crl.R.P.No.4025/2006 5 Crl.R.P.No.4025/2006 6 Crl.R.P.No.4025/2006 7 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 Crl.R.P.No.4025/2006 8 Crl.R.P.No.4025/2006 9