IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 Crl.Rev.Pet.No. 3070 of 2005() ------------------------------------ CRA.171/2004 of ADDL.SESSIONS COURT, KOZHIKODE ST.2400/2001 of JUDICIAL MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... PETITIONER(S): APPELLANT/ACCUSED ---------------------------------------------- ALAPURATH DINESH BABU, S/O.SANKUNNI, SATHYAPRAKASH HOUSE, NEAR KUNDAYITHODE BUS STOP, P.O.KOLATHARA, KOZHIKODE. BY ADV. SRI.M.G.ASHOKAN RESPONDENT(S): RESPONDENTS/COMPLAINANT --------------------------------------------------------- 1. M.UNNIKRISHNAN, S/O.LATE KUTTIAPPU, "VAIZHNAVAM", MOOCHINGAL HOUSE, KARUVANTHURUTHI, FEROKE, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SMT.T.V.NEEMA R2 BY PUBLIC PROSECUTOR SMT. ANEY PAUL THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 05/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.3070 of 2005 ---------------------------------------- Dated this the 5th 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.38,000/- under Section 357(3) Cr.P.C and in default to undergo simple imprisonment for one month as per judgment dated 07/02/2004 in S.T.No.2400/2001. The conviction was upheld by the appellate court and the sentence was modified by directing the appellant to undergo imprisonment till rising of court and to pay Rs.38,000/- as compensation to the complainant and in default to undergo simple imprisonment for one month (vide judgment dated 27/07/2005 in Crl.A.No.171/2004). 2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 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 Crl.R.P.No.3070/05 2 entered against him by the courts below for the offence under Section 138 of the Negotiable Instruments Act. The revision petitioner only prays for three months time to pay the amount of compensation ordered by the courts below. 4. The disputed cheque in this case is for Rs.38,000/- dated 28/12/2000. 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 the cheque amount of Rs.38,000/- has been ordered as compensation by the courts below. Considering the elapse of 10 years after the issuance of cheque, I find that the compensation amount ordered by the courts below at Rs.38,000/- should be enhanced to Rs.40,000/-. This Court has ordered on 25/11/2005 to deposit an amount of Rs.20,000/- before the trial court while suspending the sentence as per order in Crl.M.A.No.20938/2005. The revision petitioner can be Crl.R.P.No.3070/05 3 granted three months time to deposit the amount of compensation of Rs.40,000 (less the amount, if any, already deposited) and in default to undergo simple imprisonment for two 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 and the sentence to undergo imprisonment till rising of court are confirmed. (c) The revision petitioner is further directed under Section 357(3) Cr.P.C to pay/deposit Rs.40,000/- (Rupees forty thousand only) (less the amount, if any, already deposited) as compensation within a period of three months 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 05/07/2011 to pay/deposit the amount of compensation of Rs.40,000/- (less the amount, if any, already deposited) and thus avoid the default sentence. The Crl.R.P.No.3070/05 4 petitioner shall appear and his sureties shall produce him before the learned Magistrate on 06/07/2011 for execution of the sentence. (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.3070/05 5 Crl.R.P.No.3070/05 6 Crl.R.P.No.3070/05 7 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 Crl.R.P.No.3070/05 8 Crl.R.P.No.3070/05 9