IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 Crl.Rev.Pet.No. 1171 of 2004() ------------------------------ CRA.10/2000 of SESSIONS COURT, MANJERI CC.251/1999 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PERINTHALMANNA .................... REVN. PETITIONER/APPELLANT/ACCUSED: --------------------------------------- T. RAVEENDRAN, AGED 43, S/O. CHANDU, KUTTANCHERI PARAMBA, MANNUR, KADALUNDI, KOZHIKODE DISTRICT. BY ADV. SRI.K.P.MUJEEB RESPONDENTS: --------------- 1. RARICHAN NAIR, S/O. KIZHAKKUMPATT ACHUTHAN NAIR, MANAGING PARTNER, RAGHAM WOOD INDUSTRIES, AGED 49 YEARS, PULAMANTHOLE, PERINTHALMANNA. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 16/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.1171 of 2004 ---------------------------------------- Dated this the 16th 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 fine of Rs.1,000/- and in default to undergo simple imprisonment for one month. The conviction was confirmed by the appellate court and the sentence was modified by directing the appellant to undergo simple imprisonment for one month and to pay fine as awarded by the court below. 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.1171/04 2 counsel for the revision petitioner has only sought for three months time to pay the amount of compensation. It is also prayed that the substantive sentence of imprisonment imposed by the appellate court may be reduced to imprisonment till rising of court. 4. The cheque amount is Rs.15,000/- and the same is dated 07/12/1995. More than 15 years time is already elapsed after the issuance of the 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. In the interest of justice, I am inclined to modify the sentence by directing the revision petitioner to undergo imprisonment till rising of court and to pay/deposit Rs.20,000/- as compensation under Section 357(3) Cr.P.C to the complainant within three months and in default to undergo imprisonment for three months. 5. In the result, a) This revision petition is allowed in part. Crl.R.P.No.1171/04 3 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 an amount of Rs.20,000/- (Rupees twenty thousand only) as compensation to the complainant and in default to undergo simple imprisonment for a period of three months. If realised, the entire amount shall be released to the complainant on proper application. The petitioner shall have time till 16/06/2011 to pay/deposit the amount of compensation of Rs.20,000/- (less the amount if any already deposited) and thus avoid the default sentence. The petitioner shall appear and his sureties shall produce him before the learned Magistrate on 17/06/2011 for execution of the sentence. (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.1171/04 4 Crl.R.P.No.1171/04 5 Crl.R.P.No.1171/04 6 Crl.R.P.No.1171/04 7 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 Crl.R.P.No.1171/04 8