IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933 Crl.Rev.Pet.No. 1588 of 2003() ------------------------------------ CRA.650/2001 of SPL.COURT SPE/CBI-II & IV ADDL.SESSIONS COURT, ERNAKULAM CC.1314/1999 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O), ERNAKULAM .................... PETITIONER(S): APPELLANT/ACCUSED ---------------------------------------------- A.S. NELSON,ARACKAL HOUSE, PALLURUTHI, KOCHI 6., ERNAKULAM. BY ADV. SRI.K.J.MOHAMMED ANZAR RESPONDENT(S):RESPONDENTS/ COMPLAINANT --------------------------------------------------------- 1. V.A. KALESAN, KATHIMPURATH HOUSE, THEVARA, KOCHI - 13., ERNAKULAM. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.P.R.JAYAKRISHNAN R2 BY PUBLIC PROSECUTOR SMT.ANEY PAUL THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 01/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.1588 of 2003 ---------------------------------------- Dated this the 1st 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 a fine of Rs.10,000/- and in default to undergo simple imprisonment for one month. It was also ordered to give Rs.9,000/- out of the fine amount to the complainant under Section 357(1) Cr.P.C. as per judgment dated 18/09/2001 in C.C.No.1314/1999. The appellate court partly allowed the appeal. The conviction was confirmed and the sentence of imprisonment was set aside. The sentence of fine imposed on him was confirmed. The directions to pay fine amount as well as the default sentence and to pay Rs.9,000/- to the complainant as cost and compensation under Section 357(1) Cr.P.C also were confirmed (vide judgment dated 12/06/2002 in Crl.A.No.650/2001). 2. Heard the learned counsel for the revision petitioner. There is no representation for the 1st respondent/complainant. The learned Public Prosecutor is also heard. Crl.R.P.No.1588/2003 2 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 for the petitioner prays that three months time may be granted to pay/deposit the fine amount. 4. The disputed cheques in this case are for Rs.5,000/- and Rs.3,000/- dated 30/03/1998. 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 12 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. The sentence of fine imposed on the revision petition is set aside. Considering the facts and circumstances of the case, I direct the revision petitioner to pay an amount of Rs.9,000/- as compensation under Section 357(3) Cr.P.C to the complainant. The revision petitioner can be Crl.R.P.No.1588/2003 3 granted three months time to deposit the compensation amount of Rs.9,000/- and in default to undergo simple imprisonment for one month. 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 Rs.9,000/- (Rupees nine thousand only) as compensation less the amount if any already deposited, within a period of three months and in default to undergo simple imprisonment for a period of one month. The amount if deposited shall be released to the complainant on proper application. The petitioner shall have time till 01/07/2011 to pay/deposit the entire amount of compensation of Rs.9,000/- less the amount if any already deposited and thus avoid the default Crl.R.P.No.1588/2003 4 sentence. The petitioner shall appear and his sureties shall produce him before the learned Magistrate on 02/07/2011 for execution of the sentence. (M.C.HARI RANI, JUDGE) jsr Crl.R.P.No.1588/2003 5 Crl.R.P.No.1588/2003 6 Crl.R.P.No.1588/2003 7 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 Crl.R.P.No.1588/2003 8 Crl.R.P.No.1588/2003 9