IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 Crl.Rev.Pet.No. 2411 of 2003 ------------------------------ CRA.231/2002 of SESSIONS COURT, MANJERI CC.325/1997 of JUDL. MAGISTRATE OF FIRST CLASS, MALAPPURAM .................... REVN. PETITIONER: --------------------- N. SREEDHARAN NAMBIAR, S/O. PADMANABHAN NAMBIAR AGED 38 YEARS, PARAKKUNNUKALAM, AMAYUR P.O. BY ADV. SRI.P.S.SREEDHARAN PILLAI SRI.K.B.SAJEESH SRI.P.GOPINATH SRI.C.S.SUNIL SRI.P.R.SREEJITH RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. B.K.MADHUSUDANAN, AGED 34 YEARS BHAGAVATHY KALATHIL HOUSE, VALLUVAMBRAM. ADV. SRI.JAYAKUMAR C.K. FOR R2 SMT.E.SHEENA FOR R2 R1 BY PUBLIC PROSECUTOR SRI SABU SREEDHARAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 28/06/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J ==== ============== Crl.R.P.No. 2411 of 2003 ===================== Dated this the 28th 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 as per judgment dated 29/9/2001 in C.C.No.325/1997 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. The appeal was dismissed by the appellate court confirming the conviction and sentence vide judgment dated 24/7/2003 in Crl.Appeal No.231/2002. 2. Heard the learned counsel for the revision petitioner 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 CRRP 2411/2003 -2- entered against him by the courts below for the offence under Section 138 of the Negotiable Instruments Act. It is also submitted that the revision petitioner has already deposited Rs.50,000/- as directed by this court on 22/9/2003 in Crl.M.A.9626/2003. The revision petitioner is ready to pay the the balance cheque amount as compensation within six months. 4. The disputed cheque is dated 13/11/1996 for Rs.2,55,000/-. Considering the elapse of more than 14 years, I am inclined to fix the compensation at Rs.2,60,000/-. The learned counsel for the revision petitioner also prays six months' time for payment of the amount of compensation of Rs.2,60,000/-. 5. 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 revision petitioner can be granted six months' time to pay/deposit the amount of Rs.2,60,000/- less the amount if any already deposited by the revision petitioner and in default CRRP 2411/2003 -3- to undergo simple imprisonment for four months. The sentence of simple imprisonment for three months is modified to imprisonment till rising of court. The fine amount of Rs.5000/- awarded by the trial court and confirmed by the appellate court is set aside. 6. In the result, a) This revision petition is allowed in part. b) The impugned concurrent verdict of guilty and conviction of the revision 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 revision 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 the total amount of Rs.2,60,000/- (Rupees two lakhs sixty thousand only) within six months, less the amount, if any,already deposited as compensation and in default to undergo simple imprisonment for a period of four months. The amount in deposit, if any, and the balance amount if deposited shall be released to the complainant on proper application. The revision petitioner shall have time till CRRP 2411/2003 -4- 28/12/2011 to pay/deposit the amount of compensation and thus avoid the default sentence. The revision petitioner shall appear and his sureties shall produce him before the learned Magistrate on 29/12/2011 for execution of the sentence. d) The fine amount awarded by the courts below is set aside. M.C.HARI RANI, JUDGE ks CRRP 2411/2003 -5- CRRP 2411/2003 -6- CRRP 2411/2003 -7- M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 CRRP 2411/2003 -8-