IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 Crl.Rev.Pet.No. 2166 of 2004(A) ------------------------------- C.C.NO.750/2000 OF J.F.C.M CHAVAKKAD CRL.A.NO.822/2003 OF FIRST ADDL.SESSIONS JUDGE, THRISSUR REVN. PETITIONER/APPELLANT/ACCUSED: --------------------------------------- MANOJ. P.S., S/O. SREEDHARAN, PUNNAKKAL HOUSE, CHAKKAMKANDAM, CHITTATTUKARA, CHAVAKKAD TALUK. BY ADV. SRI.P.VIJAYA BHANU RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE: ----------------------------------- 1. A.A. BALACHANDRAN, S/O. APPUKUTTY, AYINIPPULLY HOUSE, KOCHANNUR P.O., VADAKKEKKAD. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.P.N.SUMANGALA THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 11/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.2166 of 2004 ---------------------------------------- Dated this the 11th day of February 2011 O R D E R 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 three months and to pay compensation of Rs.50,000/- to the complainant and in default to undergo simple imprisonment for three months. The appellate court also confirmed the conviction but the sentence imposed by the trial court was modified to simple imprisonment for one month and directed to pay Rs.50,000/- as compensation and in default to undergo simple imprisonment for three months. The same has been challenged by the revision petitioner/accused before this Court in this revision petition. 2. Heard the learned counsel for the revision petitioner, the learned counsel for the 1st respondent and the learned Public Prosecutor. 3. It is submitted by the learned counsel for the revision petitioner at the time of argument that the revision petitioner is Crl.R.P.No.2166/04 2 not challenging the concurrent finding of conviction entered against him by the courts below for the offence under section 138 of the Negotiable Instruments Act. But he prayed that the sentence may be modified by directing the accused/revision petitioner to undergo imprisonment till rising of court and also requested for some time to pay the compensation amount. 4. The learned counsel for the respondent submitted that the cheque was issued in the year 1999 and hence the compensation amount may be enhanced. 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. I am inclined to modify the sentence by directing the revision petitioner to undergo imprisonment till rising of court and enhancing the compensation to Rs.55,000/- with default clause of imprisonment by three months. The petitioner is granted two months time to pay the compensation amount and to avoid the default clause. 5. In the result, a) This revision petition is allowed in part. Crl.R.P.No.2166/04 3 b) The impugned concurrent verdict of guilty and conviction of the petitioner under Section 138 of the Negotiable Instruments Act are confirmed. (c) But the sentence imposed is modified and reduced. In supersession of the sentence imposed on the petitioner by the court below, he is sentenced to undergo imprisonment till rising of court. He is further directed under Section 357(3) Cr.P.C to pay an amount of Rs.55,000/- (Rupees fifty five thousand only) as compensation and in default to undergo simple imprisonment for a period of three months. If realised, the entire amount shall be released to the complainant on proper application. The sentence shall not be executed till 11/04/2011. The petitioner shall have time till that date to pay the amount of compensation of Rs.55,000/- and thus avoid the default sentence. The petitioner shall appear and his sureties shall produce him before the learned Magistrate on 12/04/2011 for execution of the sentence. (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.2166/04 4 Crl.R.P.No.2166/04 5 Crl.R.P.No.2166/04 6 Crl.R.P.No.2166/04 7 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 Crl.R.P.No.2166/04 8