IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 Crl.Rev.Pet.No. 1160 of 2004 ------------------------------ CRA.467/2001 of II ADDL. SESSIONS COURT, PALAKKAD ST.1856/1998 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I,OTTAPPALAM .................... REVN. PETITIONER: APPELLANT/ACCUSED: --------------------------------------- M. SIVADAS, AGED 44 YEARS, S/O. MADHAVAN, MENOMADATHIL HOUSE, PANAYUR, VANIYAMKULAM, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENTS: RESPONDENTS/STATE & COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SURYA FINANCE, VANIYAMKULAM, REPRESENTED BY MANAGING PARTNER M.G. THYAGARAJAN, S/O. M. GANESH, AGED 42 YEARS, (BY POWER OF ATTORNEY HOLDER P.T. KRISHNAKUMAR, S/O. NEELAKANDAN, AGED 38 YEARS, PALLIYALTHODI VEED, KAVALAPPARA DESOM, OTTAPALAM.) ADV. SRI.SANTHEEP ANKARATH FOR R2 R1 BY PUBLIC PROSECUTOR SMT. ANEY PAUL THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 22/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C. HARI RANI, J. ====================== CRL.R.P.NO. 1160 OF 2004 ======================= Dated this the 22nd 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 25/05/2001 in S.T.No.1856/1998 convicted and sentenced him to undergo simple imprisonment for six months and to pay a fine of Rs.1,000/- and in default to undergo simple imprisonment for one month. The conviction was confirmed by the appellate court and the sentence was modified by directing the revision petitioner to undergo simple imprisonment for three months and to pay a fine of Rs.1,000/- and in default to undergo simple imprisonment for fifteen days (vide judgment dated 22/01/2004 in Crl.Appeal No.467/2001). 2. Heard the learned counsel for the revision petitioner and the learned counsel for the 2nd respondent. The learned CRRP 1160/2004 -2- Public Prosecutor is also heard. 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 entered against him by the courts below for the offence under Section 138 of the Negotiable Instruments Act. The revision petitioner is ready to deposit the cheque amount as compensation under Section 357(3)Cr.P.C. in favour of the complainant/1st respondent and also seeks three months time to deposit the amount. It is also prayed to modify the sentence of imprisonment for three months as ordered by the appellate court to imprisonment till rising of court. 4. It is submitted by the learned counsel for the 2nd respondent/complainant that the cheque is for Rs.10,525/--dated 16/03/1998. It is prayed that considering the lapse of 12 years after the issuance of the cheque, the amount of compensation under Section 357(3)Cr.P.C. in favour of the complainant may be enhanced than the cheque amount of Rs.10,525/-. 5. A concurrent finding of guilty and conviction is there against the revision petitioner by the trial court as well as by the CRRP 1160/2004 -3- appellate court. About 12 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. An amount of Rs.1,000/- has been ordered as fine by the courts below with the substantive sentence of imprisonment for three months as modified by the appellate court. In a matter like this substantive sentence of imprisonment for a considerable period can be avoided by directing the accused to pay a reasonable amount as compensation under Section 357(3)Cr.P.C. with imprisonment till rising of court which will serve justice. Considering the lapse of 12 years after the issuance of cheque and in the interest of justice, I direct the revision petitioner to pay an amount of Rs.12,000/- as compensation under Section 357(3)Cr.P.C. The order of the courts below to pay a fine of Rs.1,000/- is set aside. The revision petitioner can be granted three months time to pay/deposit the amount of compensation of Rs.12,000/- with default sentence of two months. The sentence of simple imprisonment for three months is modified for CRRP 1160/2004 -4- 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 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 amount of Rs.12,000/- (Rupees twelve thousand only) (less the amount if any already deposited/paid) as compensation and in default to undergo simple imprisonment for a period of two 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 22/06/2011 to pay/deposit the total amount of compensation of Rs.12,000/- and thus avoid the default sentence. The petitioner shall appear and his sureties shall produce him before the learned Magistrate on 23/06/2011 for execution of the CRRP 1160/2004 -5- sentence. d)The order of the courts below to pay a fine of Rs.1,000/- is set aside. M.C.HARI RANI, JUDGE ks CRRP 1160/2004 -6- CRRP 1160/2004 -7- CRRP 1160/2004 -8- M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 CRRP 1160/2004 -9- CRRP 1160/2004 -10- M.C. HARI RANI JUDGE ks.