Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.K.MOHANAN MONDAY, THE 28TH DAY OF JANUARY 2013 8TH MAGHA 193 Crl.Rev.Pet.No. 218 of 2013 ------------------------------ AGAINST THE ORDER/JUDGMENT IN CRA.43/2012 of SESSIONS COURT, PATHANAMTHITTA DATED 10 10/2012 AGAINST THE ORDER/JUDGMENT IN ST.821/2010 of J.M.F.C.-I,RANNY DATED 16 03/2012 REVISION PETITIONER/APPELLANT/ACCUSED: ---------------------------------------------- MOHANAN, AGED 4 YEARS, S/O.VASUKUTTY,OOLEKKAVIL (KALAYIL) HOUSE,KOTTOPPARA, PERUNAD,RANNY,PATHANAMTHITTA. BY ADVS.SRI.K.SHAJ SRI.SAJJU.S RESPONDENTS/COMPLAINANT/STATE: ------------------------------------ 1.W/O.RATHEESH,KARIKKATTU SUNITHA RATHEESH, HOUSE,MADAMON, VADASSERIKKARA,PATHANAMTHITTA. 2.REPRESENTED STATE OF KERALA, BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J.
------------------------------------- Crl.R.P.No.218 of 2013 ---------------------------------------- Dated this the 28th day of January, 2013 ORDER The accused in a prosecution for the offence punishable under Section 138 of the Negotiable Instruments Act,1881 (for short 'the N.I.Act') is the revision petitioner as he is aggrieved by the judgment dated 16/03/2012 in S.T.No.821 of 2010 of the court of Judicial First Class Magistrate-I, Ranny and the judgment dated 10/10/2012 in Crl.A.No.43 of 2012 of the court of the Sessions Judge, Pathanamthitta.
2. As per the appellate court judgment, the conviction recorded by the trial court is confirmed and only the sentence of imprisonment is modified and thus, the revision petitioner is sentenced to undergo simple imprisonment till rising of the court and to pay a sum of `3,25,000/- to the complainant as compensation under Section 357(3) of Cr.P.C. and in default, he is directed to undergo simple imprisonment for two months. Crl.R.P.No.218/2013 :
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3. As this Court is not inclined to interfere with the order of conviction, learned counsel for the revision petitioner submitted that some breathing time may be granted to the revision petitioner to pay the compensation amount. I find no reason to reject the above request. In the result, this Criminal Revision Petition is disposed of confirming the conviction of the revision petitioner under Section 138 of the N.I.Act as recorded by the courts below. Accordingly, the sentence of imprisonment as modified by the appellate court is confirmed. Accordingly, the revision petitioner is directed to appear before the trial court to receive the sentence and to pay the compensation amount on 30th March, 2013. In case of any failure on the part of the revision petitioner in appearing before the trial court on the above date to receive the sentence fixed by this Court and to pay the compensation amount within the time stipulated, the trial court is free to take coercive steps to Crl.R.P.No.218/2013 :
3. : secure the presence of the revision petitioner and to execute the sentence and to realise the compensation amount. Coercive steps, if any, pending against the revision petitioner shall be deferred till 30th March, 2013. V.K.MOHANAN, JUDGE skj True copy P.A. to Judge