IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 Crl.Rev.Pet.No. 3034 of 200 ------------------------------ CRA.180/2004 of ADDL.DISTRICT & S ESSIONS COURT FAST TR ACK(ADHOC-I) KOZHIKODE CC.11/2002 of JUDL. MAGISTRATE OF FIRST CLASS-II, PERAMBRA .................... REVN. PETITIONER: APPELLANT/ACCUSED -------------------------------------- M.MUHAMMED ALI, S/O.MOOSA, MUCHOOTTIL VADAKKAYIL HOUSE, AVIDANALLUR AMSOM, POONATH DESOM, KOYILANDY TALUK. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: RESPONDENTS/COMPLAINANT & STATE ---------------------------------------------- 1. M.SEKHARA MARAR, S/O.GOVINDAN MARAR, GOVINDA BHAVAN, PANANAGAD AMSOM DESOM, KOYILANDY. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT. ANEY PAUL ADV. SRI.P.T.MOHANKUMAR FOR R1 SMT.K.A.ANGEL TREENA FOR R1 SMT.ARLISS TRENCY ANTONY FOR R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 12/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J ================= Crl.R.P.No.3034 of 2005 =================== Dated this the 12th day of April 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 as per judgment dated 17/2/2004 in C.C.No.11/2002 convicted and sentenced him to undergo simple imprisonment for three months and to pay Rs.1,20,000/- to the complainant as compensation under Section 357 Cr.P.C. and in default to undergo simple imprisonment for two months. The appellate court dismissed the appeal confirming the conviction and the sentence passed by the trial court vide judgment dated 26/10/2005 in Crl.Appeal No.180/2004. 2. Heard the learned counsel for the revision petitioner and the learned Public Prosecutor . 3. At the time of argument, it is submitted by the learned counsel for the revision petitioner/accused that the revision petitioner is not challenging the concurrent finding of conviction CRRP 3034 OF 2005 2 entered against him by the courts below for the offence under Section 138 of the Negotiable Instruments Act and the revision petitioner is ready to deposit the compensation amount. He may be granted 10 months time to pay/deposit the amount and prayed to modify the sentence of imprisonment for three months to imprisonment till rising of court. 4. The disputed cheque in this case is for Rs. 1,20,000/- dated 15.07.2001. A concurrent finding of guilty and conviction is there against the revision petitioner ordered by the trial court as well as by the appellate court. About nine years is already elapsed after the issuance of the disputed cheque. 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. Only the cheque amount of Rs.1,20,000/- has been ordered as compensation by the trial court which was confirmed by the appellate court. Considering the elapse of nine years after the issuance of the cheque, I find that the compensation amount ordered by the trial court at Rs.1,20,000/- which was confirmed by the appellate court should be enhanced to Rs.1,25,000/-. The revision petitioner can be CRRP 3034 OF 2005 3 granted six months time to pay/deposit the entire amount of compensation and in default to undergo simple imprisonment for four months. The sentence of simple imprisonment for three months is modified to imprisonment till rising of court. 5. In the result, a) This revision petition is allowed in part. 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 revision petitioner by the courts below, he is sentenced to undergo imprisonment till rising of court. He is directed under Section 357(3) Cr.P.C to pay/deposit the total amount of Rs.1,25,000/- (Rupees one lakh twenty five thousand only), less the amount if any already deposited, as compensation and in default to undergo simple imprisonment for a period of four months. The amount in deposit, if any, and the balance amount if deposited shall be released to the complainant on proper application. The petitioner shall have time till 12/10/2011 to pay/deposit the total amount of compensation of Rs.1,25,000/- less the amount if any CRRP 3034 OF 2005 4 already deposited and thus avoid the default sentence. The petitioner shall appear and his sureties shall produce him before the learned Magistrate on 13/10/2011 for execution of the sentence. M.C.HARI RANI, JUDGE ks CRRP 3034 OF 2005 5 CRRP 3034 OF 2005 6 CRRP 3034 OF 2005 7 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 CRRP 3034 OF 2005 8