IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 Crl.Rev.Pet.No. 3256 of 2003(C) ------------------------------- CRA.142/2001 of III ADDL. SESSIONS COURT (ADHOC), THRISSUR CC.503/1998 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... REVN. PETITIONERAPPELLANT/ACCUSED: --------------------- SEBASTIANK.K., KUTTIKKADAN HOUSE PALAKKAL VILLAGE, THRISSUR TALUK. BY ADV. SRI.U.O.JOSE RESPONDENTS/RESPONDENTS/COMPLAINANT AND STATE: --------------- 1. CHANDRIKA, W/O.CHANDRAN, ALOOKARAN HOUSE, PALLISSERY VILLAGE, THRISSUR TALUK. 2. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.V.CHITAMBARESH FOR R1 PUBLIC PROSECUTOR SMT.P.N.SUMANGALA THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 10/02/2011, THE COURT ON 10/02/2011 PASSED THE FOLLOWING: M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.3256 of 2003 ---------------------------------------- Dated this the 8th 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 three months and to pay fine of Rs.5,000/- and in default to undergo simple imprisonment for one month. It was also ordered to give Rs.4,000/- out of the fine amount to the complainant as compensation under Section 357(1) Cr.P.C. The conviction was confirmed by the appellate court and the sentence was modified by directing the appellant to undergo simple imprisonment for fifteen days and to pay Rs.55,000/- as compensation to the complainant and in default to undergo simple imprisonment for one month. 2. The learned counsel for the revision petitioner has prayed to modify the sentence of imprisonment by reducing till rising of court and sought for 3 months time to pay the amount of compensation. Heard the learned counsel for the 1st respondent. According to the learned counsel considering the time gap the compensation may be enhanced. The learned Public Prosecutor is also heard. Crl.R.P.No.3256/03 2 3. The cheque amount is Rs.55,000/- and the same is dated 22/6/1998. More than 12 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. I am inclined to modify the sentence by directing the revision petitioner to undergo imprisonment till rising of court and enhancing the compensation to Rs.60,000/-. 4. 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 upheld. (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.60,000/- (Rupees sixty thousand only) as compensation and in default to undergo simple imprisonment for Crl.R.P.No.3256/03 3 a period of three months. If realised, the entire amount shall be released to the complainant on proper application. The sentence shall not be executed till 09/05/2011. The petitioner shall have time till that date to pay the amount of compensation of Rs.60,000/- and thus avoid the default sentence. The petitioner shall appear and his sureties shall produce him before the learned Magistrate on or before 10/05/2011 for execution of the sentence. (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.3256/03 4 Crl.R.P.No.3256/03 5 Crl.R.P.No.3256/03 6 R.BASANT, J Crl.R.P.No.504 of 2001 ORDER Crl.R.P.No.3256/03 7 17th DAY OF JUNE 2001 Crl.R.P.No.3256/03 8