IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 Crl.Rev.Pet.No. 1759 of 2011() ------------------------------ CRA.253/2010 of ADDL.SESSIONS COURT (ADHOC-I), KOTTAYAM ST.130/2009 of JUDICIAL FIRST CLASS MAGISTRATE COURT - III, KANJIRAPPALLY ................ PETITIONER / APPELLANT / ACCUSSED : ----------------------------------- M.K.MATHEW, S/O.M.A.KURIAN, AGED 58 YEARS, MUNDACKAL HOUSE, VAZHOOR EAST PO, CHENGANACHERRY TALUK, KOTTAYAM DISTRICT. BY ADVS. SRI.MOHAN IDICULLA ABRAHAM SRI.RACHEL JOSEPH SRI.MARTIN D.ALUMKARA SRI.DEVAN K.MENON RESPONDENT / COMPLAINANT / STATE : ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. PIUS, S/O. SEBASTIAN, AGED 49 YEARS KIZHAKKENEDUNGATTIL HOUSE, PANACHAPPALLY PO., KANJIRAPPALLY, KOTTAYAM DISTRICT, PIN 686 518.. R2 BY ADV. SRI.JACOB E SIMON THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn S.S.SATHEESACHANDRAN, J. ------------------------------- Crl.R.P.NO.1759 OF 2011 (D) ----------------------------------- Dated this the 23rd day of September, 2011 O R D E R When the revision was taken up on file and notice ordered to the 2nd respondent/complainant, interim orders were issued for suspension of sentence subject to condition of deposit of the cheque amount by two instalments, within the time limit fixed. A sum of Rs.60,000/- out of the cheque amount for Rs.90,000/-, it is submitted, has already been deposited before the learned Magistrate. What remains is only a sum of Rs.30,000/- and under the interim orders passed by this Court, time for such deposit, it is stated, expires only on 18.10.2011. The revision can be disposed of fixing that outer time limit for depositing the balance amount is the submission of the counsel for the revision petitioner. The 2nd respondent/complainant, who appeared in response to the notice issued has also conceded to the disposal of the revision as indicated above. Sentence imposed against the Crl.R.P.No.1759/2011 2 petitioner by the court below is only imprisonment for a day, till the rising of the court directing him to pay the cheque amount as fine. In the above circumstances, affirming the conviction and sentence, petitioner is directed to appear before the Judicial First Class Magistrate Court – III, Kanjirappally on 20.10.2011 to serve out the substantive term of imprisonment and to report the payment of the fine imposed. As ordered earlier, petitioner shall remit whatever amount outstanding on the fine awarded before the date fixed for his appearance. The learned Magistrate shall keep in abeyance the execution of the sentence till the date fixed as above for the appearance of the accused. In default of his appearance and non-payment of the fine, to the extent the fine amount is not remitted, the learned Magistrate shall execute the sentence taking appropriate steps in accordance with law. 2. The learned counsel for the 2nd respondent seeks a direction for getting release of the amount already deposited. No further direction is required as he can apply for to get release of the sum as compensation, if deposited, as there is Crl.R.P.No.1759/2011 3 already a direction to pay the sum as compensation. With the above direction, the revision is disposed of. S.S.SATHEESACHANDRAN JUDGE prp Crl.R.P.No.1759/2011 4