K. K. MOHAMMED ISMAIL Vs. STATE OF KERALA

JUDGEMENT

(1.) 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 one year and to pay fine of Rs.5,000/-. In default of payment of fine to undergo S.I for three months. He was also directed to pay compensation of Rs.2,82,000/- to the complainant under Section 357 Cr.P.C. as per judgment dated 27/6/2002 in C.C.No.387/99. The conviction and sentence was confirmed by the appellate court and the appeal was dismissed vide judgment dated 31/5/2006 in Crl.A. No. 130/2002.

(2.) HEARD the learned counsel for the revision petitioner/accused and the learned counsel for the second respondent/complainant. The learned Public Prosecutor is also heard.

(3.) 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 substantive sentence of simple imprisonment for one year imposed by the courts below is modified to imprisonment till rising of court. The sentence of fine imposed on the revision petitioner is set aside. Only the cheque amount of Rs.2,82,000/- has been ordered as compensation by the courts below. This Court has already directed the revision petitioner to deposit Rs.50,000/- within a period of four months from 30/01/2007 as per order dated 30/01/2007 in Crl.M.A.No. 11595/06 and subsequently granted two months further time for depositing the amount as per order dated 18/7/2007 in Crl.M.A.No.6020/2007. The revision petitioner is granted four months time to pay/deposit the entire compensation amount of Rs.2,82,000/- (less the amount, if any, already deposited) and in default to undergo simple imprisonment for three months.