IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 Crl.Rev.Pet.No. 2177 of 2004(B) ------------------------------- CRA.785/2002 of VI ADDL.DISTRICT & SESSIONS COURT, ERNAKULAM CC.1525/1998 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... REVN. PETITIONER/APPELLANT/ACCUSED --------------------- C.RATHISH SHANKAR, CHEMMENDOOR HOUSE, KUDAYATHOOR P.O., TODUPUZHA, IDUKKI DIST. BY ADV. SRI.C.J.JOY RESPONDENTS/COMPLAINANT & STATE ---------------------------------- 1. BALAKRISHNA MENON.S., PROPRIETOR, HINDUSTHAN INDUSTRIES, XL/3765, VEM BAVA ESTATE, PAYYAPPALLY ROAD, COCHIN-31. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, DISTRICT COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.P.N.SUMANGALA SRI.TOM JOSE FOR R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.2177 of 2004 ---------------------------------------- Dated this the 23rd day of February 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 four months. The conviction and sentence passed by the trial court was confirmed by the appellate court. 2. Heard the learned counsel for the revision petitioner and the learned counsel for the 1st respondent. The learned Public Prosecutor is also heard. 3. At the time of argument, the learned counsel for the revision petitioner fairly submitted that the revision petitioner is not challenging the concurrent verdict of guilty and conviction entered by the courts below and the only prayer is that the sentence may be reduced to imprisonment till rising of court. The revision petitioner also prays for three months time to pay the cheque amount of Rs.1,00,000/- as compensation under Section 357(3) Cr.P.C. Crl.R.P.No.2177/04 2 4. It is submitted by the learned counsel for the 1st respondent that more than 12 years time is elapsed after the issuance of the disputed cheque dated 30/04/1998. Considering that aspect, the amount of compensation may be enhanced. 5. Considering the argument advanced by both counsel, I find that the verdict of guilty and conviction passed by the courts below has to be confirmed and no interference is necessary with regard to that finding entered into by the courts below. Considering the lapse of time by 12 years after the issuance of the disputed cheque, the compensation amount can be enhanced to Rs.1,10,000/- and in default of payment/deposit of the same, the revision petitioner is liable to undergo simple imprisonment for two months. Three months time also can be granted to the revision petitioner to pay/deposit the compensation amount and the sentence can be modified to imprisonment till rising of court. 5. In the result, a) This revision petition is allowed in part. b) The impugned concurrent verdict of guilty and conviction of the revision petitioner under Section 138 of the Crl.R.P.No.2177/04 3 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 court below, he is sentenced to undergo imprisonment till rising of court. He is further directed under Section 357(3) Cr.P.C to pay an amount of Rs.1,10,000/- (Rupees one lakh ten thousand only) as compensation and in default to undergo simple imprisonment for a period of two months. If realised, the entire amount shall be released to the complainant on proper application. The sentence shall not be executed till 23/05/2011. The petitioner shall have time till that date to pay the amount of compensation of Rs.1,10,000/- and thus avoid the default sentence. The petitioner shall appear and his sureties shall produce him before the learned Magistrate on 24/05/2011 for execution of the sentence. (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.2177/04 4 Crl.R.P.No.2177/04 5 Crl.R.P.No.2177/04 6 M.C.HARI RANI, J Crl.R.P.No.2177/04 7 Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 Crl.R.P.No.2177/04 8