IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 Crl.Rev.Pet.No. 2956 of 2004(D) ------------------------------- CRA.829/2003 of III ADDL.SESSIONS COURT, ERNAKULAM CC.531/1998 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI .................... REVN. PETITIONERS/APPELLANTS/ACCUSED 1 AND 3 ----------------------------------------------- 1. M/S.C.K.THOMAS & COMPANY, CHEMPAKASSERRY, RESIDENCY ROAD, KADAPPAKKAD, QUILON, REP. BY ITS MANAGING PARTNER, SRI.MANUEL THOMAS, CHEMPAKASSERY, RESIDENCY ROAD, KADAPPAKKADA, QUILON. 2. SRI. MANUEL THOMAS, S/O.LATE C.K.THOMAS, MANAGING PARTNER, C.K.THOMAS & COMPANY, CHEMPAKASSERRY, RESIDENCY ROAD, KADAPPAKKADA, QUILON. BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS/STATE AND COMPLAINANT ------------------------------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MUTHOOT LEASING AND FINANCE LTD., PREETHI BUILDINGS, VYTTILA, KOCHI-19, REP. BY ITS ASST. BRANCH MANAGER AND POWER OF ATTORNYE HOLDER. PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 26/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.2956 of 2004 ---------------------------------------- Dated this the 26th day of May 2011 O R D E R The revision petitioners/accused 1 and 3 stand convicted for the offence under Section 138 of the Negotiable Instruments Act. The trial court found accused No.2 not guilty of offence punishable under Section 138 of N.I.Act and she was acquitted under Section 255(1) Cr.P.C. Accused Nos.1 and 3 were found guilty of offence under Section 138 of N.I.Act and convicted thereunder. The first accused being the firm was sentenced to pay fine of Rs.5,000/-. Third accused was sentenced to undergo simple imprisonment for 9 months for offence under Section 138 of N.I.Act. Accused 1 and 3 were ordered to pay a compensation of Rs.66,200/- to the complainant under Section 357(3) Cr.P.C and in default to undergo simple imprisonment for two months as per judgment dated 16/08/2003 in C.CNo.531/1998. The appeal preferred by accused 1 and 3 was dismissed and the conviction and sentence passed by the trial court were confirmed by the appellate court (vide judgment dated 01/09/2004 in Crl.A.No.829/2003). Crl.R.P.No.2956/04 2 2. Heard the learned counsel for the revision petitioners/accused 1 and 3 and the learned Public Prosecutor. 3. At the time of argument, it is submitted by the learned counsel for the revision petitioners that the revision petitioners are not challenging the concurrent finding of conviction entered against them by the courts below for the offence under Section 138 of the Negotiable Instruments Act. The learned counsel also submitted that Rs.15,000/-has already been deposited by the revision petitioners before the trial court as ordered by this Court on 16/11/2004 while suspending the sentence as per order in Crl.M.A.No.13431/2004. The revision petitioners pray for six months time to pay/deposit the balance amount of compensation and to modify the sentence of simple imprisonment for nine months imposed on the 3rd accused to imprisonment till rising of court. 4. A concurrent finding of guilty and conviction is there against the revision petitioners 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 Crl.R.P.No.2956/04 3 not warrant any interference and the same are confirmed. The revision petitioners are granted four months time to pay/deposit the balance amount of Rs.51,200/- if Rs.15,000/- is already deposited by the revision petitioners as submitted by the learned counsel for the revision petitioners, and in default the 2nd revision petitioner/3rd accused shall undergo simple imprisonment for three months. 5. In the result, a) This revision petition is allowed in part. b) The impugned concurrent verdict of guilty and conviction of the revision petitioners 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 petitioners by the courts below, the 2nd revision petitioner/3rd accused is sentenced to undergo imprisonment till rising of court. Revision petitioners/accused 1 and 3 are further directed under Section 357(3) Cr.P.C to pay/deposit the balance amount of Rs.51,200/- (Rupees fifty one thousand and two hundred only) as compensation within a period of four months, if Rs.15,000/- is Crl.R.P.No.2956/04 4 already deposited, and in default the 2nd revision petitioner/3rd accused shall undergo simple imprisonment for a period of three months. The amount in deposit, if any, and the balance amount if deposited shall be released to the complainant on proper application. The revision petitioners shall have time till 26/09/2011 to pay/deposit the balance amount of compensation of Rs.51,200/- and thus avoid the default sentence. The 2nd revision petitioner/3rd accused shall appear and his sureties shall produce him before the learned Magistrate on 27/09/2011 for execution of the sentence. (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.2956/04 5 Crl.R.P.No.2956/04 6 Crl.R.P.No.2956/04 7 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER Crl.R.P.No.2956/04 8 17th DAY OF JUNE 2001 Crl.R.P.No.2956/04 9