S. Siri Jagan, J. - (1.)The petitioner is the accused in S.T.No.2431/2005 before the Judicial First Class Magistrate's Court-V, Kozhikode. The prosecution was one under Sec. 138 of the Negotiable Instruments Act. Magistrate convicted the petitioner and sentenced him to undergo simple imprisonment for one year and to pay a compensation of INR 6,00,000.00. The compensation amount was directed to be paid to the complainant. Crl.Appeal No.646/2008 filed by the petitioner before the Special Additional Sessions Judge (Marad Cases), Kozhikode was dismissed. The petitioner is challenging those judgments of the courts below in this Criminal Revision Petition.
(2.)When the matter was taken up today, the learned counsel for the petitioner submits that the petitioner does not wish to contest the matter on merits, but confines relief for six months' time to pay the compensation amount and for reduction of the substantive sentence.
(3.)Having considered the matter, I dispose of this Criminal Revision Petitions as follows; The conviction of the petitioner is confirmed. The substantive sentence of imprisonment is reduced to one till rising of the court. The petitioner shall appear before the Magistrate for undergoing the sentence of imprisonment on 6.5.2013 after paying the compensation amount. Till then, the execution of the sentence shall be kept in abeyance. It would be open to the petitioner to pay the compensation amount directly to the complainant and produce proof of acceptance of the same by the complainant in full and final settlement of the amounts due to the complainant, before the Magistrate. The complainant is permitted to withdraw the amounts already deposited by the petitioner before the Magistrate, on application. The amounts already deposited by the petitioner shall be given due credit for.