IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 11TH APRIL 2011 / 21ST CHAITHRA 1933 Crl.Rev.Pet.No. 2502 of 2003() ------------------------------------ CRA.23/2002 of SESSIONS COURT, KOTTAYAM ST.1918/1999 of JUDICIAL MAGISTRATE OF FIRST CLASS, ERATTUPETTA .................... REVN. PETITIONER(S):ACCUSED/APPELLANT ----------------------------------------------------- JOSEPH JOSEPH, S/O. OUSEPH, AGED 52 YEARS, PUTHIYAKUNNEL, KAYYOOR P.O., KAYYOOR. BY ADVS. SRI.A.MOHAMMED SRI.M.SAJJAD RESPONDENT(S): COMPLAINANT AND STATE/RESPONDENT --------------------------------------------------------------------- 1. JACOB ANDREWS, PROPRITOR, P.ANDREWS AND SONS, MOTOR SPAREPARTS DEALER, ERATTUPETTA. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.SEBASTIAN DAVIS R2 BY PUBLIC PROSECUTOR SMT.ANEY PAUL THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 11/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.2502 of 2003 ---------------------------------------- Dated this the 11th day of April 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 three months and to pay compensation of Rs.25,000/- as per judgment dated 24/12/2001 in S.T.No.1918/99. The conviction and sentence was confirmed by the appellate court (vide judgment dated 01/07/2003 in Crl.A.No.23/2002). 2. Heard the learned counsel for the petitioner. The learned 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 learned counsel also submitted that Rs.27,000/- has already been deposited by the revision petitioner before the trial court as Crl.R.P.No.2502/03 2 ordered by this Court on 30/9/2003 while suspending the sentence as per order in Crl.M.A.No.10026/2003. The revision petitioner only prays to modify the sentence of imprisonment for three months as ordered by the courts below to imprisonment till rising of court. 4. The disputed cheques in this case are for Rs.30,000/- dated 06/02/1999 and for Rs.24,000/- dated 31/3/1999 i.e. the total liability is Rs.54,000/-. 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 11 years is already elapsed after the issuance of the disputed cheques. 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.25,000/- has been ordered as compensation by the courts below. Considering the facts and circumstances of this case, I find that the compensation amount ordered by the courts below at Rs.25,000/- should be enhanced to Rs.60,000/- and the sentence can be modified and reduced for imprisonment till rising of court. The Crl.R.P.No.2502/03 3 revision petitioner can be granted two months time to pay/deposit the balance amount of Rs.33,000/- 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 the balance amount of Rs.33,000/- (Rupees thirty three thousand only) as compensation within a period of two months and in default to undergo simple imprisonment for a period of three months. The amount of Rs.27,000/- which is in deposit and the balance amount if deposited shall be released to the complainant on proper application. The petitioner shall have time till 13/6/2011 to pay/deposit the balance amount of compensation of Rs.33,000/- and thus avoid the default sentence. Crl.R.P.No.2502/03 4 The petitioner shall appear and his sureties shall produce him before the learned Magistrate on 14/06/2011 for execution of the sentence. (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.2502/03 5 Crl.R.P.No.2502/03 6 Crl.R.P.No.2502/03 7 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 Crl.R.P.No.2502/03 8 Crl.R.P.No.2502/03 9