IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933 Crl.Rev.Pet.No. 3077 of 2006 ------------------------------ CRA.773/2004 of IST ADDL.SESSIONS COURT, KOZHIKODE ST.366/2004 of SPECIAL JUDICIAL FIRST CLASS MAGISTRATE(MARAD CASES) KOZHIKODE .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------- B.K.VARGHESE, S/O.KOCHAPPAN, HOUSE NO.33/1649, SHANIYA FLAT, MERIKKUNNU P.O., KOZHIKODE. BY ADV. SRI.N.ASHOK KUMAR SRI.K.AJITH KUMAR RESPONDENTS: RESPONDENT/COMPLAINANT & STATE --------------------------------------------- 1. C.D.BOBBY, S/O.DEVASSIA, PROPRIETOR, M/S.CHEMMANNURE FASHION JEWELLERS, DOOR NO.77/2255, M.M.ALI ROAD, KOZHIKODE. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SMT.T.KAMALA MENON FOR R.1 BY R2 BY PUBLIC PROSECUTOR PUZHAKKARA MUHAMMED THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23/5/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C. HARI RANI, J. ====================== CRL.R.P.NO.3077 OF 2006 ======================= Dated this the 23rd 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 16/10/2004 in S.T.No.366/2004 convicted and sentenced him to undergo simple imprisonment for three months and to pay Rs.40,000/- as compensation. The conviction was confirmed by the appellate court and the sentence was modified to imprisonment till rising of court and to pay Rs.40,000/- as compensation to the complainant and in default to undergo simple imprisonment for three months vide judgment dated 28/3/2006 in Crl.Appeal No.773/2004. 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 . It is further CRRP 3077/2006 2 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 15/9/2006 in Crl.M.A.No.8824/2006 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 month's 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 any already deposited, and in default to undergo simple imprisonment for three months. The sentence of imprisonment till rising of court as ordered by the appellate court is confirmed. 5. In the result, a) This revision petition is allowed in part. CRRP 3077/2006 3 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 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 three 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 23/8/2011 to pay/deposit the total amount of compensation and thus avoid the default sentence. The petitioner shall appear and his sureties shall produce him before the learned Magistrate on 24/8/2011 for execution of the sentence. M.C.HARI RANI, JUDGE ks CRRP 3077/2006 4 CRRP 3077/2006 5 CRRP 3077/2006 6 M.C.HARI RANI, J CRRP 3077/2006 7 Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 CRRP 3077/2006 8 M.C. HARI RANI JUDGE ks.