IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 Crl.Rev.Pet.No. 3296 of 2005() ------------------------------ CRA.288/2004 of ADDL.SESSIONS COURT, KOZHIKODE CC.305/2001 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... REVN. PETITIONER/APPELLANT/ACCUSED. --------------------------------------- K.VELAYUDHAN @ VELAYUDHAN KUTTY, S/O.RARU, KALLADUMBIL VEEDU, MOLAKUNDU, PERINKAVU, VAZHAYUR AMSOM, PUTHUKADU DESOM, MALAPPURAM DISTRICT. BY ADV. SRI.P.K.SURESH KUMAR SRI.K.P.SUDHEER RESPONDENTS/COMPLAINANT AND STATE. ------------------------------------- 1. E.N.BINDHU, D/O.KUNHIRAMAN NAIR, S.S.NIVAS. PATTATHIL PARAMBIL, P.O.KOLATHARA, KOZHIKODE DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.V.G.ARUN FOR R1 PUBLIC PROSECUTOR SRI.SABU SREEDHARAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 21/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.3296 of 2005 ---------------------------------------- Dated this the 21st day of June 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 six months and to pay compensation of Rs.40,000/- to the complainant under Section 357(3) Cr.P.C and in default to undergo simple imprisonment for one month as per judgment dated 05/04/2004 in C.C.No.305/2001. The conviction was upheld and sentence was modified by directing the appellant to undergo 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 06/09/2005 in Crl.A.No.288/2004). 2. Heard the learned counsel for the revision petitioner/accused and the learned counsel for the first respondent/complainant. The learned Public Prosecutor is also heard. Crl.R.P.No.3296/05 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 him by the courts below for the offence under Section 138 of the Negotiable Instruments Act. The learned counsel also submitted that a portion of the compensation amount has already been deposited by the revision petitioner before the trial court as ordered by this Court on 04/01/2006 while suspending the sentence as per order in Crl.M.A.No.22100/2005. The revision petitioner prays for three months time to pay/deposit the balance amount of compensation. 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 of imprisonment till rising of court as ordered by the appellate court is also confirmed. The revision petitioner is granted three months time to pay/deposit the amount of Crl.R.P.No.3296/05 3 compensation (less the amount, if any, already deposited) 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 revision 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) He is further directed under Section 357(3) Cr.P.C to pay/deposit the amount of compensation of Rs.40,000/- (less the amount, if any, already deposited) on or before 22/09/2011 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 revision petitioner shall appear and his sureties shall produce him before the learned Magistrate on 23/09/2011 for execution of the sentence. (M.C.HARI RANI, JUDGE) jsr Crl.R.P.No.3296/05 4 Crl.R.P.No.3296/05 5 Crl.R.P.No.3296/05 6 Crl.R.P.No.3296/05 7 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 Crl.R.P.No.3296/05 8