Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE5H DAY OF FEBRUARY201416TH MAGHA, 1935 Crl.Rev.Pet.No. 202 of 2014 () ------------------------------- AGAINST THE JUDGMENT
IN CRL.A1062010 of ADDL.SESSIONS FAST TRACK COURT NO.II, PALAKKAD DATED1310-2010 AGAINST THE JUDGMENT
IN STC1242009 of J.M.F.C., OTTAPPALAM DATED3001-2010 REVISION PETITIONER/APPELLANT/ACCUSED : -------------------------------------- RAMACHANDRAN.K AGED58YEARS S/O.KUMARAN, PLAVAZHITHODI HOUSE, NEDUGOTTUR POST SHORANUR, OTTAPPALAM TALUK BY ADV. SRI.R.SREEHARI RESPONDENTS/RESPONDENTS/STATE & COMPLAINANT : ------------------------------------------------------ 1. STATE OF KERALA REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM-PIN-682031 2. THE PALAKKAD DISTRICT CO-OPERATIVE BANK LTD SHORANUR BRANCH, MAIN ROAD, SHORANUR REP BY THE BRANCH MANAGER, CHITRANGADHA D/O.BALAKRISHNAN, KARUVARIL HOUSE, CHOROTTUR VANIYAMKULAM POST, OTTAPALAM TALUK, PIN-679522 R1 BY PUBLIC PROSECUTOR SMT.P.MAYA R2 BY ADV.SRI.M.SASINDRAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON0302-2014, THE COURT ON0502-2014 PASSED THE FOLLOWING: AV M.L.JOSEPH FRANCIS, J.
----------------------------------------------- Crl. R.P. No.202 of 2014 ----------------------------------------------- Dated 5th February, 2014 ORDER
This Criminal Revision Petition is filed by the accused in S.T.No.124 of 2009 on the file of Judicial First Class Magistrate, Ottappalam, challenging the conviction and sentence of the accused under Section 138 of the Negotiable Instruments Act (for short, 'the N.I. Act'). The cheque amount was `55,082/-. The trial court convicted the accused under Section 138 of the N.I. Act and sentenced him to undergo simple imprisonment for three months and to pay a fine of `10,000/-, in default to undergo simple imprisonment for one month. In Crl. Appeal No.106 of 2010 filed by the accused before the Additional Sessions Court (Fast Track-II), Palakkad, the conviction under Section 138 of the N.I. Act was confirmed and the sentence was modified and the accused was sentenced to undergo imprisonment till rising of the court and to pay compensation of `55,082/- in default to undergo simple imprisonment for one month. Against that judgment, the appellant/accused filed this Criminal Revision Petition.
2. Heard the learned counsel for the revision petitioner, the learned counsel appearing for the complainant and the learned Public Prosecutor.
3. The learned counsel for the revision petitioner Crl. R.P. No.202 of 2014 2 submitted that the revision petitioner is not challenging the conviction under Section 138 of the N.I. Act. The learned counsel submitted that the accused has paid the compensation amount directly to the complainant Co-operative Bank. The revision petitioner produced a non-liability certificate issued from the complainant Co-operative Bank. Since the accused has already paid the compensation to the complainant, the sentence has to be modified by deleting the clause for payment of compensation and retaining the sentence to undergo imprisonment till rising of the court. Accordingly, this Criminal Revision Petition is allowed in part. The conviction of the accused in S.T.No.124 of 2009 on the file of Judicial First Class Magistrate, Ottappalam under Section 138 of the N.I. Act is confirmed. The direction to pay compensation is set aside. The revision petitioner is directed to surrender before the trial court to undergo sentence of imprisonment till the rising of court, within two months from today. Sd/- M.L.JOSEPH FRANCIS, JUDGE. tgs (true copy)