IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 Crl.Rev.Pet.No. 1583 of 2003 CRA.322/2002 of V ADDL.SESSIONS COURT, ERNAKULAM CC.1375/1999 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... REVN. PETITIONER(S): --------------------- K.N. VENUGOPAL, PROPRIETOR CROP. PROTECTION CENTRE, KAMBIKKAKAM, KOTTANKULANGARA, ALLEPPEY. BY ADV. SRI.BABU CHERUKARA RESPONDENT(S): --------------- 1. MS/ PIERCE LESLIE INDIA LTD, AGRO PRODUCTS DIVISION, M.G. ROAD COCHIN - 16, RPRESENTED BY ITS ATTORNEY MR. P.PADMAKUMAR 2. STATE OF KERLA REPRESENTED BY THE PUBLIC PROSECUTOR, ERNAKULAM. ADV. SRI.C.G.SUNIL FOR R1 SRI.SAJI MATHEW FOR R1 SRI.DENU JOSEPH FOR R1 R2 BY PUBLIC PROSECUTOR MR. PUZHAKKARA MUHAMMED THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 21/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C. HARI RANI, J. ====================== CRL.R.P.No. 1583 of 2003 ======================= Dated this the 21st day of March 2011 ORDER The revision petitioner stands convicted for the offence under Section 138 of the Negotiable Instruments Act. The trial court as per judgment dated 24/10/2001 in C.C.No.1375/1999 convicted and sentenced him to undergo simple imprisonment for three months and to pay a fine of Rs.11,000/- and in default to undergo simple imprisonment for one month. It was also ordered to give Rs.10,000/- out of the fine amount to the complainant as compensation and costs under Section 357(1) Cr.P.C. Appeal preferred by the accused before the appellate court was dismissed (vide judgment dated 29/3/2003 in Crl.Appeal No.322/2002). 2. Heard the learned counsel for the petitioner and also the learned counsel for the first respondent. The learned Public Prosecutor is also heard. CRRP1583/2003 -2- 3. At the time of argument, it is fairly submitted by the learned counsel for the revision petitioner/accused that the revision petitioner is 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 . The learned counsel also submitted that Rs.5,000/-, has been deposited already by the revision petitioner before the trial court as ordered by this Court on 8/7/2003 while suspending the sentence as per order in Crl.M.A.No.6837/2003. The revision petitioner is ready to deposit the balance amount within a period of three months. It is also 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.10,000/- dated 8/7/1995. A concurrent finding of guilty and conviction is there against the revision petitioner by the trial court as well as by the appellate court. About 15 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 CRRP1583/2003 -3- confirmed. Considering the lapse of 15 years after the issuance of cheque, I find that the compensation amount ordered by the courts below at Rs.10,000/- should be enhanced to Rs.12,000/- with default sentence. The revision petitioner can be granted two months time to deposit the balance amount of Rs.7,000/- if Rs.5,000/- is already deposited by the revision petitioner as submitted by the learned counsel for the revision petitioner, and in default to undergo simple imprisonment for two months. 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 petitioner by the courts below, he is sentenced to undergo imprisonment till rising of court. He is further directed under Section 357(3) Cr.P.C to pay/deposit the balance amount of Rs.7,000/- (Rupees seven thousand only) as compensation, if Rs.5,000/- is already deposited, and in default to undergo simple imprisonment for a period of two months. The amount in deposit, if any, and the CRRP1583/2003 -4- balance amount if deposited shall be released to the complainant on proper application. The petitioner shall have time till 23/5/2011 to pay/deposit the entire amount of compensation of Rs.12,000/- less the amount if any already deposited and thus avoid the default sentence. The petitioner shall appear and his sureties shall produce him before the learned Magistrate on 24/5/2011 for execution of the sentence. Sd/- M.C.HARI RANI, JUDGE ks TRUE COPY P.S. TO JUDGE CRRP1583/2003 -5- CRRP1583/2003 -6- CRRP1583/2003 -7- M.C.HARI RANI, J Crl.R.P.No.1583 of 2003 ORDER 21/03/2011 CRRP1583/2003 -8- CRRP1583/2003 -9- M.C. HARI RANI JUDGE ks.