IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 Crl.Rev.Pet.No. 1937 of 2010() ------------------------------ CRA.108/2006 of ADDL.DISTRICT & SESSIONS COURT (ADHOC)III ,KOLLAM ST.643/2004 of JUDL.MAGISTRATE OF FIRST CLASS-III, PUNALUR .................... PETITIONER(S): APPELLANT/ACCUSED: ------------------------------------------------------------ M.SHAFEEK, S/O.IBRAHIMKUTTY, VILAYIL VEEDU, ELAMPAL P.O. BY ADV. SRI.R.ARUN RAJ RESPONDENT(S): RESPONDENTS:COMPLAINANT & STATE: ---------------------------------------------------------------------------------------- 1. M.D.REGHU, SECRETARY, VILAKUDI GRAMA PANCHAYATH, KUNNICODE, KOLLAM DISTRICT-691 508. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. R1 BY ADV. SRI.C.J.JOY R2 BY PUBLIC PROSECUTOR SRI. V.TEKCHAND THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 31/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.K.MOHANAN, J. ------------------------------- Crl. R.P.No.1937 of 2010 ------------------------------- Dated this the 31st day of August, 2010. O R D E R The challenge is against the judgment dated 31.1.2006 in S.T.No.643/04 of the Court of Judicial First Class Magistrate-III, Punalur, and the judgment dated 23.1.2010 in Crl.A.No.108/06 of the Court of Addl. District & Sessions Judge, Addl. District & Sessions Judge, Ad hoc-III, Kollam, by which the revision petitioner is stand convicted u/s.210 of Kerala Panchayath Raj Act and sentenced to pay a fine of Rs.41,601/- and he is also directed to undergo simple imprisonment for a period of 2 months in case of default in paying the fine amount. 2. S.T.No.643/04 is a case instituted upon a private complaint preferred by the Secretary, Vilakudi Grama Panchayat with an allegation that the revision petitioner had taken the right of conducting a meat stall in Elampal Public market during 2002- 03 by successfully bidding in the auction conducted for that purpose and had committed default in paying the installments of Crl. R.P.No.1937 of 2010 2 that bid amount due to the panchayat and the efforts on the part of the panchayat to realise the amount by attaching his property was found to be impracticable and hence a prosecution was launched alleging offence u/s.210 of the Kerala Panchayat Raj Act, connected with the default on the part of the revision petitioner in paying Rs.41,601/- being the last installment towards the bid amount. 3. During the trial of the above case, Pws.1 and 2 examined from the side of the defence and Exts.P1 to P7 were marked and there was no evidence either documentary or oral from the side of the defence. After considering the evidence and materials on record, the learned Magistrate found that the accused is guilty u/s.210 of the Kerala Panchayat Raj Act and sentenced the revision petitioner under Rule 27 of the Kerala Panchayat Raj Act (Taxation and Appeal rules) to pay the fine of Rs.41,601/- and in default he is directed to undergo simple imprisonment for a period of 2 months. 4. Challenging the above conviction and sentence, though an appeal was filed by the revision petitioner by judgment dated Crl. R.P.No.1937 of 2010 3 23.1.2010 in Crl.A,No.108/06, the Court of Addl. District & Sessions Judge, Ad hoc-III, Kollam, dismissed the appeal confirming the conviction and sentence. 5. The matter has been heard elaborately and as this court is not inclined to interfere with the order of conviction, the learned counsel for the revision petitioner submitted that some breathing time may be granted to the revision petitioner to pay the fine amount. According to me, the above submission can be considered favourably, particularly considering the fact that, in terms of the contract and towards the bid amount, the revision petitioner has already paid the initial 2 installments and some time can be granted to pay the fine amount, which is equivalent to the last installment connected with the bid amount but subject to slight enhancement with respect to the fine amount. In the result, this revision petition is disposed of confirming the conviction of the revision petitioner u/s.138 of Negotiable Instruments Act as recorded by the courts below. Accordingly, the fine amount fixed by the court below is enhanced to the tune of Rs.45,000/-, which shall be paid within 4 months from today Crl. R.P.No.1937 of 2010 4 and in case of any default in paying the above revised and refixed fine amount, within the stipulated time, the revision petitioner is directed to undergo simple imprisonment for 2 months. Accordingly, the revision petitioner is directed to deposit the fine amount on or before 31.12.2010 in the court below. On realisation of the fine amount, the entire amount shall be paid in favour of the Secretary, Vilakkudi Grama Panchayath. If there is any failure on the part of the revision petitioner in paying the enhanced fine amount, within the stipulated period, it is for the trial court to take coercive steps for the realisation of the fine amount. The warrant or any coercive steps, if any, pending against the revision petitioner, the execution of the same shall be deferred till 31.12.2010. Criminal revision petition is disposed of accordingly. V.K.MOHANAN, Judge. ami/