IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 Crl.Rev.Pet.No. 2793 of 2004(D) ------------------------------- CRA.20/1998 of ADDL. SESSIONS COURT-II, MAVELIKKARA ST.1518/1996 of JUDL.MAGISTRATE OF FIRST CLASS-I, HARIPAD .................... REVN. PETITIONER/APPELLANT/ACCUSED: --------------------------------------- SAD BABU, SON OF HAMZA, AGED 28 YEARS, NAMBIPUNNALATH HOUSE, CULTES ROAD, PERUMBADAPPU, ERNAKULAM DISTRICT. BY ADV. SRI.A.K.SRINIVASAN SRI.N.S.MOHAMMED USMAN SRI.A.S.BENOY RESPONDENTS/APPELLANT/COMPLAINANT & STATE: --------------------------------------------- 1. SHYLAJA THULASI, SURESH BHAVAN, PUTHIYAVILA MURI, KANDALOOR VILLAGE, KARTHIKAPILLY TALUK. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.G.SUDHEER FOR R1 PUBLIC PROSECUTOR SRI.SABU SREEDHAR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 22/06/2011. THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.2793 of 2004 ---------------------------------------- Dated this the 22nd 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 convicted and sentenced him to undergo simple imprisonment for one month and to pay fine of Rs.25,000/-. In default of payment of fine to undergo simple imprisonment for one month as per judgment dated 16/12/1997 in S.T.No.1518/96. The complainant was allowed to realise Rs.20,000/- as compensation out of the fine amount under Section 357(1) Cr.P.C. The conviction and sentence was confirmed by the appellate court vide judgment dated 08/06/2004 in Crl.A.No.20/1998. 2. Heard the learned counsel for the revision petitioner/accused 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 entered against him by the courts below for the offence under Crl.R.P.No.2793/04 2 Section 138 of the Negotiable Instruments Act. The learned counsel also submitted that the revision petitioner has already undergone three days of simple imprisonment and prayed to avoid the substantive sentence. The learned counsel for the revision petitioner further submitted that Rs.10,000/- has already been deposited by the revision petitioner before the trial court as ordered by this Court on 29/10/2004 in Crl.M.A.No.12814/2004. It is then prayed that two months time may be granted to pay/deposit the balance amount of fine. 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 substantive sentence of imprisonment imposed by the courts below is set aside. 5. Ext.P1 cheque was issued in the year 1996 for Rs.21,600/-. Considering the elapse of more than 14 years after the issuance of cheque, I find that the fine amount ordered by Crl.R.P.No.2793/04 3 the courts below at Rs.25,000/- is reasonable and no interference is required. The prayer of the revision petitioner to grant two months time to pay/deposit the balance amount of fine is allowed. The revision petitioner is granted two months from today to pay/deposit the total amount of fine of Rs.25,000/- (less the amount, if any, already deposited) and the same can be released to the complainant as compensation under Section 357 (1) Cr.P.C. 6. In the result, a) This revision petition is allowed. b) The impugned concurrent verdict of guilty and conviction of the revision petitioner under Section 138 of the Negotiable Instruments Act are confirmed. The substantive sentence of imprisonment imposed by the courts below is set aside. (c) He is directed to pay/deposit Rs.25,000/- (Rupees twenty five thousand only) as fine (less the amount, if any, already deposited) on or before 22/08/2011 and in default to undergo simple imprisonment for a period of one month. The amount in deposit, if any, and the balance amount if deposited Crl.R.P.No.2793/04 4 shall be released to the complainant as compensation under Section 357(1) Cr.P.C on filing proper application. (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.2793/04 5 Crl.R.P.No.2793/04 6 Crl.R.P.No.2793/04 7 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 Crl.R.P.No.2793/04 8 Crl.R.P.No.2793/04 9