IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933 Crl.Rev.Pet.No. 2708 of 2011() ------------------------------------ CRA.374/2004 of SESSIONS COURT, THALASSERY CC.563/2003 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... REVN. PETITIONER(S):APPELLANT/ACCUSED ----------------------------------------------------- VALIYAPARAMBATH RAJAN SEBASTIAN S/O.SEBASTIAN, AGED 40 YEARS VALIYA PARAMBIL HOUSE, CHITTARIKKAL PO HOSDURG TALUK. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): RESPONDENTS/COMPLAINANTS ----------------------------------------------------------- 1. JOY O.A,S/O.JOSEPH ORATHEL,EDAVARAMBA PO, PULINGOME VILLAGE, KANNUR DT - 670 031. 2. STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.GEORGIE SIMON R2 BY BY PUBLIC PROSECUTOR SMT. R. SEENA THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs S.S.SATHEESACHANDRAN, J. ------------------------------- Crl.R.P.NO.2708 OF 2011 (C) ----------------------------------- Dated this the 19th day of November, 2011 O R D E R Revision is by the accused in a cheque case, who has been convicted for the offence under Section 138 of the Negotiable Instruments Act, for short, the 'Act', concurrently by the two courts below. Sentence imposed against the accused, as modified by the Sessions Judge in appeal, is imprisonment till the rising of the court and payment of fine of Rs.60,000/- with default term of simple imprisonment for three months. Out of the fine amount, if realised, a sum of Rs.55,000/- was directed to be paid as compensation to the complainant. 2. The revision coming up for consideration today, the learned counsel for the petitioner submitted that he has no challenge against the conviction and sentence. According to the counsel, whatever amount due to the complainant had been discharged by payment. Whether any discharge has been made Crl.R.P.No.2708/2011 2 is a matter for enquiry by the Magistrate and not by this Court. The 1st respondent has entered appearance through counsel but there is no representation on his behalf today, and as such, an opinion on the submissions made by the counsel for the petitioner over the discharge of the liability to the complainant is not possible. Whatever that be, as there is no challenge against the conviction and sentence, if at all the liability to the complainant has been discharged as submitted by the counsel, he can get it recorded through the complainant before the Magistrate Court concerned. 3. Petitioner is directed to appear before the Magistrate court on 12.12.2011 to serve out the imprisonment till the rising of the court and to report the payment of the fine. Any amount deposited by him towards the fine shall be given credit to. If any memo is moved by the complainant regarding payment of the sum fixed as compensation, that shall be enquired into and appropriate orders be passed by the Magistrate, while executing the sentence against the accused. Even if the compensation Crl.R.P.No.2708/2011 3 awarded to the complainant, if at all it is satisfied as represented, a sum of Rs.5,000/- is still to be realised as fine towards the State. The Magistrate shall take note of the same in execution of the sentence. In default of his appearance on the date fixed as above, the Magistrate shall execute the sentence taking note of the observations made above, in accordance with law. Revision is disposed of. S.S.SATHEESACHANDRAN JUDGE prp Crl.R.P.No.2708/2011 4