IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 Crl.Rev.Pet.No. 3379 of 2003(C) ------------------------------- CRA.75/2003 of ADDL. SESSIONS COURT (ADHOC-I), THODUPUZHA CC.313/2000 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KATTAPPANA .................... REVN. PETITIONER(S): --------------------- P.D. SUNILS KUMAR, PUTHENPURAYIL HOUSE AYYAPPANCOVIL VILLAGE K. CHAPPATHUKARA. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENTS: --------------- 1. KATTAPPANA SERVICE CO-OPERATIVE BANK LTD. REPRESENTED BY ITS SECRETARY. 2. ST ATE OF KERALA REPRSENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. ADV. SRI.GRASHIOUS KURIAKOSE FOR R1 R2 BY PUBLIC PROSECUTOR SMT. ANEY PAUL THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 29/03/2011, ALONG WITH CRRP NO. 706 OF 2004 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J ================ Crl.R.P.Nos.3379 of 2003 & 706 of 2004 ===================== Dated this the 29th day of March 2011 O R D E R The revision petitioner/accused in Crl.R.P.3379/2003 stands convicted for the offence under Section 138 of the Negotiable Instruments Act. The first respondent/complainant in Crl.R.P.No.3379/2003 is the revision petitioner in Crl.R.P.No.706/2004 and the complainant in C.C.No.313/2000. The trial court as per judgment dated 18/2/2003 convicted and sentenced the accused to undergo simple imprisonment for one year and to pay compensation of Rs.70,250/- to the complainant under Section 357(3)Cr.P.C. and in default to undergo simple imprisonment for two months. The conviction was confirmed by the appellate court and the appeal was allowed in part by altering the substantive sentence of simple imprisonment for one year into imprisonment till rising of court and to pay compensation of Rs.70,250/- with default sentence of simple imprisonment for two months. The reduction of the sentence by the appellate court (vide judgment dated 17/10/2003 in CRL.RPNOS.3379/2003 & 706/2004 2 Crl.A.75/2003) is challenged by the complainant in Crl.r.P.No.706/2004. 2. Heard both counsel and the learned Public Prosecutor. 3. At the time of argument, it is submitted by the learned counsel for the revision petitioner/accused in Crl. R.P.3379/2003 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.35,125/-,i.e. half of the cheque amount has been deposited already by the revision petitioner/accused before the trial court as ordered by this Court on 19/12/2003 while suspending the sentence as per order in Crl.M.A.No.13675/2003. It is also prayed that six months time may be given to the accused to pay the balance amount . 4. It is submitted by the learned counsel for the first respondent/complainant in Crl.R.P.3379/2003 that the cheque is for Rs.70,250/- dated 31/12/1999. It is prayed that considering the elapse of 11 years after the issuance of the cheque, the CRL.RPNOS.3379/2003 & 706/2004 3 amount of compensation at Rs.70,250/- ordered by the courts below may be enhanced. 5. A concurrent finding of guilty and conviction is there against the revision petitioner/accused by the trial court as well as by the first appellate court. About 11 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 the cheque amount of Rs.70,250/- has been ordered as compensation by the courts below. Considering the elapse of 11 years after the issuance of cheque, I find that the compensation amount ordered by the courts below at Rs.70,250/- should be enhanced to Rs.75,000/-. Considering the fact that the revision petitioner/accused has already deposited half of the cheque amount and the submissions that he has some other financial liabilities and also he has gone abroad to raise funds, I am inclined to grant four months time to pay/ deposit the total amount of Rs.75,000/-less Rs.35,125/- if already deposited by the revision petitioner/accused as submitted by the CRL.RPNOS.3379/2003 & 706/2004 4 learned counsel and in default to undergo simple imprisonment for three months. 6. In the result, a) These revision petitions are allowed in part. b) The impugned concurrent verdict of guilty and conviction of the revision petitioner/accused in Crl.R.P.No.3379/2003 under Section 138 of the Negotiable Instruments Act are confirmed and the compensation ordered by the courts below at Rs.70,250/- is enhanced to Rs.75,000/-. (c) The sentence of imprisonment till rising of court imposed on the accused by the appellate court is confirmed. He is further directed under Section 357(3) Cr.P.C to pay/deposit the total amount of Rs.75,000/- (Rupees seventy five thousand only) less the amount if any already deposited, as compensation and in default to 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 accused shall have time till 28/7/2011 to pay/deposit the total amount of compensation of Rs.75,000/- less the amount if any already deposited and thus avoid the CRL.RPNOS.3379/2003 & 706/2004 5 default sentence. The accused shall appear and his sureties shall produce him before the learned Magistrate on 29/7/2011 for execution of the sentence. M.C.HARI RANI, JUDGE ks CRL.RPNOS.3379/2003 & 706/2004 6 CRL.RPNOS.3379/2003 & 706/2004 7 CRL.RPNOS.3379/2003 & 706/2004 8 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 CRL.RPNOS.3379/2003 & 706/2004 9 CRL.RPNOS.3379/2003 & 706/2004 10 CRRP 3379/2003 & 706/2004 Cheque amount Rs.70,250/- dated 31/12/1999 Trial court convicted and sentenced S.I. for one year and compensation Rs.70,250/ under Section 357(3) Cr.P.C. with default sentence of S.I. for two months. Appellate court allowed the appeal in part. Conviction confirmed. Sentence till rising of court and to pay CRL.RPNOS.3379/2003 & 706/2004 11 compensation Rs.70,250/- with default sentence for two months. Hal of the cheque amount already deposited as per order of this Court dated 19/12/2003. Considering this aspect and also the revision petitioner has some other liabilities and he has gone abroad to raise funds, I am inclined to grant 4 months time to pay the amount of compensation. Compensation amount of Rs.............