IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 Crl.Rev.Pet.No. 2165 of 2004(A) ------------------------------- CRA.70/2003 of III ADDL. SESSIONS COURT (ADHOC), THRISSUR CC.745/1998 of JUDL. MAGISTRATE OF FIRST CLASS COURT, VADAKKANCHERY .................... REVN. PETITIONER/APPELLANT/ACCUSED: --------------------------------------- K.C. KURIYAN, S/O. KURIYAN, KODUMKULLATH HOUSE, OTTUPARA DESOM, KUMARANELLUR VILLAGE, TALAPPILLY TALUK. BY ADV. SRI.P.VIJAYA BHANU SRI.P.M.RAFIQ RESPONDENTS/RESPONDENTS/COMPLAINANT: --------------------------------------- 1. V.P. VARUNNY, S/O. PAUL, VADAKKAN HOUSE, MANGALAM DESOM, WADAKKANCHERY VILLAGE, TALAPPILLY TALUK. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.SHOBY K.FRANCIS FOR R1 PUBLIC PROSECUTOR SMT.SUMANGALA.P.N. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 08/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.2165 of 2004 ---------------------------------------- Dated this the 8th day of February 2011 O R D E R This revision petition is filed against a concurrent verdict of guilty, conviction and sentence in a prosecution 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 a compensation of Rs.1,40,000/- under Section 357(3) Cr.P.C and in default to undergo simple imprisonment for one month. That conviction has been confirmed by the appellate court and modified the sentence as to imprisonment till rising of court and to pay compensation of Rs.1,25,000/- to the 1st respondent and in default to undergo simple imprisonment for two months. This has been challenged by the accused/revision petitioner in this revision petition. 2. Heard the learned counsel for the revision petitioner and the 1st respondent. Heard the learned Public Prosecutor also. 3. At the time of hearing of this revision petition the only argument advanced by the revision petitioner is that the Crl.R.P.No.2165/04 2 compensation awarded by the appellate court is excessive and the same may be reduced and also sought six months time to pay the compensation. The learned counsel for the 1st respondent argued that the compensation awarded by the appellate court has to be enhanced and more than 12 years time is elapsed after the issuance of the disputed cheque. The cheque amount is Rs.95,000/- and the same was issued in the year 1998. 4. After considering the evidence on record, the appellate court has awarded compensation of Rs.1,25,000/- and in default to undergo simple imprisonment for two months, which, according to me, is reasonable and the same can be confirmed. The prayer made by the learned counsel for the revision petitioner for time to pay the compensation amount can be allowed by limiting to three months. 5. In the circumstances, this revision petition is dismissed. Conviction and sentence as modified by the appellate court is confirmed. The revision petitioner is given time till 09/05/2011 to pay the amount of compensation of Rs.1,25,000/- (Rupees one lakh twenty five thousand only) and thus avoid the default sentence. If realised, the entire amount shall be released Crl.R.P.No.2165/04 3 to the complainant on proper application. The petitioner shall appear and his sureties shall produce him before the learned Magistrate on or before 10/05/2011 for execution of the sentence. (M.C.HARI RANI, JUDGE) jsr Crl.R.P.No.2165/04 4 Crl.R.P.No.2165/04 5 Crl.R.P.No.2165/04 6 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 Crl.R.P.No.2165/04 7 Crl.R.P.No.2165/04 8 Crl.R.P.No.2165/04 9 Crl.R.P.No.2165/04 10 Crl.R.P.No.2165/04 11 R.BASANT, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 Crl.R.P.No.2165/04 12