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. 1862 of 2003(D) CRA.300/2000 of IST ADDL.SESSIONS COURT, KOZHIKODE ST.323/1998 of CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE .................... REVN. PETITIONER/APPELLANT/ACCUSED: --------------------- M. BALAKRISHNAN NAIR, S/O. RAMAN NAIR MULLERI HOUSE, PANTHEERANKAVU P.O. KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM RESPONDENTS: --------------- 1. M/S. BENHAR TRADE AND INVESTMENTS PVT.LTD. KANDAMKULAM, KOZHIKODEO, REPRESENTED BY ITS MANAGER AND POWER OF ATTORNEY HOLDER E. VIJAYAN. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ADV. SMT.P.A.REZIYA FOR R1 SMT.P.K.PAMALA FOR R1 R2 BY PUBLIC PROSECUTOR SMT. SUMANGALA P.N. 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. 1862 OF 2003 ======================= Dated this the 11th February 2011 ORDER This revision petition is filed by the accused against the concurrent verdict of guilty, conviction and sentence in a prosecution for the offence under Section 138 of the Negotiable Instruments Act. The trial court convicted the accused and sentenced him to undergo simple imprisonment for three months. That order was confirmed by the appellate court which is challenged by the accused in this revision petition. 2. Heard the learned counsel appearing for the revision petitioner and the learned counsel for the first respondent. Heard the learned Public Prosecutor also. 3. At the time of argument, it is submitted by the learned counsel for the revision petitioner that he is not challenging the concurrent findings of conviction entered against him for the CRRP 1862/2003 -2- offence under Section 138 of the Negotiable Instruments Act and the prayer is to modify the sentence to imprisonment till rising of the court. It is also submitted that the revision petitioner has already deposited Rs.17,500/-, half of the cheque amount as ordered by this Court while suspending the execution of the sentence as per order dated 30/7/2003 and 23/10/2003 in Crl.M.A.No.7757/2003 and Crl.M.A.No.11071/2003. The learned counsel has also prayed for some time to deposit the balance amount which can be given to the complainant as compensation under Section 357(3) Cr.P.C. This disputed cheque in this case is for Rs.35,000/- dated 12/2/1998. More than 12 years time is already elapsed. In the circumstances, I find that the substantial sentence of imprisonment can be modified for imprisonment till rising of the court and that the total amount of Rs.40,000/- can be ordered to give as compensation under Section 357(3) Cr.P.C. to the complainant. Three months time can be given for deposit of the balance amount of Rs.22,500/- and in default simple imprisonment for two months. 5. In the result, a)this revision petition is allowed in part. CRRP 1862/2003 -3- b)The finding of guilty and conviction under Section 138 of the Negotiable Instruments Act is confirmed and modified the sentence to imprisonment till rising of the court. c)The amount of compensation under Section 357(3)Cr.P.C. is enhanced to Rs.40,000/- . d)The revision petitioner is granted three months time from today for payment of the balance amount of Rs.22,500/- after deducting Rs.17,500/- already deposited by the revision petitioner as submitted by both counsel before the lower court in pursuance of the order of this Court while suspending the sentence and in default to undergo simple imprisonment for two months. e)The first respondent is permitted to withdraw Rs.17,500/- already deposited by the revision petitioner before the trial court,if that amount is still in deposit, on filing proper application. f)If the balance amount of Rs.22,500/- is deposited by the revision petitioner on or before 12/5/2011 to avoid the default sentence, the complainant/first respondent can withdraw the CRRP 1862/2003 -4- entire amount on filing proper application. g)The revision petitioner shall appear and his sureties shall produce him before the learned Magistrate on 13/5/2011 for execution of the sentence. M.C. HARI RANI JUDGE ks.