IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933 Crl.Rev.Pet.No. 3317 of 2004 ---------------------------------------- [CRL.A.NO.836/2003 OF SESSIONS COURT, THRISSUR, CC.NO.894/2000 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD] .................... REVISION PETITIONER/APPELLANT: ---------------------------------------------------- V.M.SANTHOSHKUMAR, AGED 34 YEARS, VALUMMEL PARAMBIL VEEDU, P.O.KOTAPPADY, THRISSUR. BY ADV. SRI.RAJIT. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. OUSEPH, S/O. ARAKKAL INASU, VENGILASSERY DESOM, VELUR VILLAGE, THALAPPILLY TALUK. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R2 BY PUBLIC PROSECUTOR SMT. ANEY PAUL. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 30/03/2011, THE COURT ON THE PASSED THE FOLLOWING: prv. M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.3317 of 2004 ---------------------------------------- Dated this the 30th day of March 2011 O R D E R The revision petitioner stands convicted for the offence under Section 138 of the Negotiable Instruments Act. The trial court convicted and sentenced him to undergo simple imprisonment for six months and to pay compensation of Rs.85,000/- and in default to undergo simple imprisonment for three months as per judgment dated 29/11/2003 in C.C.No.894/2000. The conviction was confirmed by the appellate court and the sentence was modified by directing the appellant to undergo simple imprisonment for two months and to pay Rs.85,000/- as compensation to the complainant and in default to undergo simple imprisonment for four months (vide judgment dated 27/10/2004 in Crl.A.No.836/2003). 2. Heard the learned counsel for the petitioner. There was no representation for the learned counsel for the 1st respondent/complainant. The learned Public Prosecutor is also heard. Crl.R.P.No.3317/2004 2 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 learned counsel prays that six months time may be granted to pay the compensation amount as ordered by both courts. It is also prayed to modify the sentence of simple imprisonment for two months to imprisonment till rising of court. 4. The disputed cheque in this case is for Rs.85,500/- dated 23/12/1999. 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 10 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. Only an amount of Rs.85,000/- has been ordered as compensation by the courts below. Considering the elapse of 10 years after the issuance of cheque, I find that the Crl.R.P.No.3317/2004 3 compensation amount ordered by the courts below at Rs.85,000/- should be enhanced to Rs.90,000/-. The revision petitioner can be granted four months time to pay/deposit the amount of compensation of Rs.90,000/- and in default to 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 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 Rs.90,000/- (Rupees ninety thousand only) as compensation (less the amount, if any, already deposited) within a period of four months and in default to undergo simple imprisonment for a period of three months. The amount, if deposited, shall be released to the complainant on proper application. The petitioner shall have time till 01/08/2011 to Crl.R.P.No.3317/2004 4 pay/deposit the amount of compensation of Rs.90,000/- and thus avoid the default sentence. The petitioner shall appear and his sureties shall produce him before the learned Magistrate on 02/08/2011 for execution of the sentence. (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.3317/2004 5 Crl.R.P.No.3317/2004 6 Crl.R.P.No.3317/2004 7 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 Crl.R.P.No.3317/2004 8 Crl.R.P.No.3317/2004 9