IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 Crl.Rev.Pet.No. 1969 of 2003(B) ------------------------------- C.C.NO.200/2000 OF THE C.J.M.COURT, KOTTAYAM CRL.A.NO.13/2002 OF SESSIONS COURT, KOTTAYAM PETITIONER/APPELLANT/ACCUSED --------------------- JOHN PHILIP, KALLARACKAL HOUSE, MUNDATHANAM P.O., KANJGAZHA, KOTTAYAM DISTRICT. BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENT/RESPONDENT/CLAIMANT AND STATE: --------------- 1. S.RAJAMOHANAN NAIR, KUKKUNIVAS, NEDUMKUNNAM P.O., KOTTAYAM. 2. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.P.S.SAINULABDEEN PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 21/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.1969 of 2003 ---------------------------------------- Dated this the 21st 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 three months and to pay Rs.35,000/- as compensation under Section 357(3) Cr.P.C to the complainant as per judgment dated 18/12/2001 in C.C.No.200/2000. The order of conviction and sentence passed by the trial court under Section 138 of the N.I.Act was confirmed by the appellate court (vide judgment dated 21/06/2003 in Crl.Appeal No.13/2002). 2. Heard the learned counsel for the petitioner. There is no representation for the 1st respondent/complainant. 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 Crl.R.P.No.1969/03 2 counsel also submitted that half of the cheque amount has already been deposited by the revision petitioner before the trial court as ordered by this Court on 07/08/2003 while suspending the sentence as per order in Crl.M.A.No.8076/2003. The revision petitioner prays for three months time to deposit the balance amount of compensation. It is also prayed to modify the sentence of simple imprisonment for three months to imprisonment till rising of court. 4. The disputed cheque in this case is for Rs.35,000/- dated 10/05/2000. 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 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.35,000/- has been ordered as compensation by the courts below. Considering the lapse of 11 years after the issuance of cheque, I find that the compensation amount ordered by the courts below at Rs.35,000/- Crl.R.P.No.1969/03 3 should be enhanced to Rs.40,000/-. The revision petitioner can be granted three months time to pay/deposit the balance amount if any amount is already deposited by the revision petitioner as submitted by the learned counsel for the revision petitioner, 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 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 total amount of Rs.40,000/- (Rupees forty thousand only) as compensation within a period of three months, less the amount, if any, already deposited 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 Crl.R.P.No.1969/03 4 petitioner shall have time till 21/6/2011 to pay/deposit the balance amount of compensation and thus avoid the default sentence. The petitioner shall appear and his sureties shall produce him before the learned Magistrate on 22/06/2011 for execution of the sentence. (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.1969/03 5 Crl.R.P.No.1969/03 6 Crl.R.P.No.1969/03 7 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 Crl.R.P.No.1969/03 8 Crl.R.P.No.1969/03 9