IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 Crl.Rev.Pet.No. 811 of 2005() ----------------------------- CC.81/2001 of JUDL. MAGISTRATE OF FIRST CLASS-II(MOBILE), KOZHIKODE CRA.33/2002 of SESSIONS COURT, KOZHIKODE .................... REVN. PETITIONER/APPELLANT/ACCUSED. --------------------------------------- AMBILAD MOHAN, S/O.GOVINDAN, SHYAM NIVAS, MANATIDAM, KOOTHUPARAMBA, KANNUR. BY ADV. SRI.P.P.RAMACHANDRAN RESPONDENT/COMPLAINANT. --------------------------- 1. MANOLOKAM GROUP PUBLICATION CO.LTD., KMA BUILDING, PUTHIYARA ROAD, KOZHIKDOE, REP. BY T.P.VIJAYA BHASKAR. 2. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE FOR R1 PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 14/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.811 of 2005 ---------------------------------------- Dated this the 14th 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 five months for each of the three offences committed by him and to pay a fine of Rs.500/- in respect of each of the three offences and in default of payment of fine to undergo simple imprisonment for one month in respect of each of the offences. The sentence of imprisonment in respect of three offences was to run concurrently. The conviction was confirmed by the appellate court and the sentence was modified by directing the appellant to undergo imprisonment till rising of court and to pay Rs.15,000/- as compensation to the complainant and in default to undergo simple imprisonment for one month. 2. Heard the learned counsel for the revision petitioner and the learned counsel for the 1st respondent. The learned Public Prosecutor is also heard. Crl.R.P.No.811/05 2 3. It is submitted by the learned counsel for the revision petitioner/accused that the compensation imposed by the first appellate court at Rs.15,000/- is excessive and prayed to reduce that amount. The total cheque amount as revealed from Exts.P2, P3 and P4 is Rs.11,900/-. It is submitted by the learned counsel for the revision petitioner that other similar cases were also pending against the revision petitioner and he was directed to pay compensation and is not having sufficient capacity to pay the amount of compensation as ordered by the appellate court. 4. Considering the submission made by the learned counsel for the revision petitioner and after hearing the learned counsel for the 1st respondent, the compensation amount of Rs.15,000/- as ordered by the appellate court is reduced to Rs.14,000/-. The revision petitioner is granted three months time to pay/deposit the amount before the trial court and in default to undergo simple imprisonment for three months. 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 Crl.R.P.No.811/05 3 Instruments Act are confirmed. (c) The sentence of imprisonment till rising of court as ordered by the appellate court is confirmed and compensation amount ordered under Section 357(3) Cr.P.C is reduced to Rs.14,000/- (Rupees fourteen thousand only) and in default to undergo simple imprisonment for a period of one month. If realised, the entire amount shall be released to the complainant on proper application. The petitioner shall have time till 14/6/2011 to pay/deposit the amount of compensation of Rs.14,000/- and thus avoid the default sentence. The petitioner shall appear and his sureties shall produce him before the learned Magistrate on or before 15/06/2011 for execution of the sentence. (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.811/05 4 Crl.R.P.No.811/05 5 Crl.R.P.No.811/05 6 M.C.HARI RANI, J Crl.R.P.No.811/05 7 Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 Crl.R.P.No.811/05 8