IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 Crl.Rev.Pet.No. 2280 of 2004(D) ------------------------------- CRA.54/2003 of III ADDL.SESSIONS COURT(ADHOC)FAST TRACK COURT NO.I, THRISSUR. ST.620/1999 of JUDICIAL MAGISTRATE OF FIRST CLASS, IRINJALAKUDA .................... REVN. PETITIONER: APPELLANT/ACCUSED -------------------------------------- SARASU, W/O.SANKARAN ASSARI, RAPPAL VEETTIL, RAPPAL. BY ADV. SRI.P.VIJAYA BHANU SRI.P.M.RAFIQ RESPONDENTS: COMPLAINANT AND STATE ------------------------------------ 1. C.K.VISWAMBHARAN, CHEMBIPARAMBIL HOUSE, NEDUMPAL. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT. ANEY PAUL SRI.G.SREEKUMAR (CHELUR) FOR R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 12/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J ================= Crl.R.P.No.2280 OF 2004 =================== Dated this the 12th day of April 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 18/1/2003 in S.T.No. 620/1999 convicted and sentenced her to undergo simple imprisonment for six months and to pay Rs.55,000/- to the complainant as compensation under Section 357(3) Cr.P.C.and in default to undergo simple imprisonment for three months. The appellate court allowed the appeal in part confirming the conviction but the sentence is modified to undergo imprisonment till rising of court and to pay compensation of Rs.55,000/- to the complainant and in default to undergo simple imprisonment for two months vide judgment dated 5/4/2004 in Crl.Appeal No.54/2003. 2. Heard the learned counsel for the revision petitioner and the learned Public Prosecutor . CRRP 2280/2004 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 her by the courts below for the offence under Section 138 of the Negotiable Instruments Act and she prays three months' time to pay/deposit the 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. The sentence as modified by the appellate court to simple imprisonment till rising of court is confirmed. The revision petitioner is given three months time to pay/deposit the amount of compensation and in default to undergo simple imprisonment for two months. 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 CRRP 2280/2004 3 Instruments Act are confirmed and the sentence modified by the appellate court to imprisonment till rising of court is also confirmed. (c) The revision petitioner is directed under Section 357(3) Cr.P.C to pay/deposit the total amount of Rs.55,000/- (Rupees fifty five thousand only), less the amount if any already deposited, as compensation within three months 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 12/7/2011 to pay/deposit the total amount of compensation of Rs.55,000/- less the amount if any already deposited and thus avoid the default sentence. The petitioner shall appear and her sureties shall produce her before the learned Magistrate on 13/7/2011 for execution of the sentence. M.C.HARI RANI, JUDGE ks CRRP 2280/2004 4 CRRP 2280/2004 5 CRRP 2280/2004 6 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 CRRP 2280/2004 7 ORDER 17th DAY OF JUNE 2001 CRRP 2280/2004 8