IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 Crl.Rev.Pet.No. 2156 of 2004() ------------------------------ CRA.267/2003 of II ADDL. SESSIONS COURT, PALAKKAD CC.693/1999 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR .................... REVN. PETITIONER/APPELLANT/ACCUSED -------------------------------------- K.P.GOPINATHAN,S/O. DAMODHARAN NAIR, PUTHIYAVEETTIL,KALLEPADAM,PAZHAYANNUR,THRISSUR. BY ADV. SRI.P.VIJAYA BHANU SRI.P.M.RAFIQ RESPONDENTS/COMPLAINANT AND STATE. ------------------------------------- 1. BENNY JOSEPH,S/O. JOSEPH, PALAKUNNEL VEEDU,KAZHANI, KAVASSERY,ALATHUR. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED SRI.SAJAN VARGHEESE K. FOR R1 SRI.LIJU. M.P FOR R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 26/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.2156 of 2004 ---------------------------------------- Dated this the 26th day of May 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.65,000/- to the complainant and in default to undergo simple imprisonment for three months as per judgment dated 15/03/2003 in C.C.No.693/1999. The conviction was confirmed by the appellate court and the sentence was modified by directing the appellant to undergo simple imprisonment for three months and to pay Rs.65,000/- as compensation to the complainant and in default to undergo simple imprisonment for forty five days (vide judgment dated 12/05/2004 in Crl.A.No.267/2003). 2. Heard the learned counsel for the revision petitioner/accused 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 Crl.R.P.No.2156/2004 2 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 revision petitioner prays for five months time to pay/deposit the amount of compensation ordered by the courts below and to modify the sentence of simple imprisonment for three months as ordered by the appellate court to imprisonment till rising of court. 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 are confirmed. The substantive sentence imposed by the appellate court modified for imprisonment till rising of court. The revision petitioner is granted four months time to pay/deposit the amount of Rs.65,000/- as compensation to the complainant and in default to undergo simple imprisonment for three months. 5. In the result, a) This revision petition is allowed in part. b) The impugned concurrent verdict of guilty, conviction of the revision petitioner under Section 138 of the Negotiable Crl.R.P.No.2156/2004 3 Instruments Act are confirmed. (c) But the sentence imposed is modified and reduced. In supersession of the sentence imposed on the petitioner by the courts below, he is sentenced to undergo imprisonment till rising of court. He is further directed under Section 357(3) Cr.P.C to pay/deposit Rs.65,000/- (Rupees sixty five thousand only) as compensation within a period of four months and in default to undergo simple imprisonment for a period of three months. The amount if deposited shall be released to the complainant on proper application. The revision petitioner shall have time till 26/09/2011 to pay/deposit the amount of compensation of Rs.65,000/- and thus avoid the default sentence. The revision petitioner shall appear and his sureties shall produce him before the learned Magistrate on 27/09/2011 for execution of the sentence. (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001