IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 Crl.Rev.Pet.No. 740 of 2003 ----------------------------- CRA.156/2001 of SESSIONS COURT, MANJERI ST.271/1996 of CHIEF JUDICIAL MAGISTRATE COURT, MANJERI .................... REVN. PETITIONER: APPELLANT/ACCUSED: --------------------------------------- K.RAGHUVARAN, CHITTATH HOUSE, VELLOOR, POST MAVALLOOR, KOTTAYAM DISTRICT. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS/ RESPONDENTS/COMPLAINT & STATE -------------------------------------------- 1. KOZHIKKATTIL VASU, S/O.KUTTAN, PRIYA NIVAS, MIZHISSERI, POST KUZHIMANNA. 2. STATE OF KERALA REP: BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI SABU SREDHARAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 27/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J ==== ============== Crl.R.P.No.740 of 2003 ===================== Dated this the 27th day of June 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 as per judgment dated 30/6/2001 in S.T.No.271/1996 convicted and sentenced him to undergo simple imprisonment for two months and to pay fine of Rs.5,000/- and in default of payment of fine to undergo simple imprisonment for one month. The appeal was dismissed by the appellate court confirming the conviction and sentence vide judgment dated 3/2/2003 in Crl.Appeal No.156/2001. 2. Heard the learned counsel for the revision 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 CRRP 740/2003 -2- entered against him by the courts below for the offence under Section 138 of the Negotiable Instruments Act. The revision petitioner is ready to pay/deposit the cheque amount of Rs.20,000/-. It is also submitted by the learned counsel for the revision petitioner that the revision petitioner has already deposited half of the cheque amount as ordered by this Court on 18/3/2003 in Crl.M.P.No.2697/2003. It is prayed to grant six months' time to pay the balance amount and also to modify the sentence of simple imprisonment for two months ordered by the courts below to imprisonment till rising of court . 4. A concurrent finding of guilty and conviction is there against the revision petitioner by the trial court as well as by the appellate court. 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. The disputed cheque is dated 22/6/1996 for Rs.20,000/-. Considering the elapse of 15 years after the issuance of the cheque, I am inclined to enhance the amount at Rs.25,000/- as compensation. The revision petitioner can be granted three months' time to pay/deposit the total amount of Rs.25,000/- less the amount if CRRP 740/2003 -3- any already deposited by the revision petitioner and in default to undergo simple imprisonment for two months. The sentence of simple imprisonment for two months is 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 Negotiable Instruments Act are confirmed. (c) But the sentence imposed is modified and reduced. In supersession of the sentence imposed on the revision 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.25,000/- (Rupees twenty five thousand only) within three months, less the amount if any already deposited as compensation 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 revision petitioner shall have time till 27/9/2011 to pay/deposit the amount of compensation and thus avoid the default CRRP 740/2003 -4- sentence. The revision petitioner shall appear and his sureties shall produce him before the learned Magistrate on 28/9/2011 for execution of the sentence. d) The fine amount awarded by the courts below is set aside. Sd/- M.C.HARI RANI, JUDGE ks TRUE COPY P.S. TO JUDGE CRRP 740/2003 -5- CRRP 740/2003 -6- CRRP 740/2003 -7- M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 CRRP 740/2003 -8- CRRP 740/2003 -9-