IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 Crl.Rev.Pet.No. 813 of 2005() ----------------------------- CRA.122/2003 of SESSIONS COURT, KASARAGOD CC.680/1999 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... REVN. PETITIONERS/APPELLANTS/ACCUSED. --------------------------------------- K.P.SHAHUL HAMEED, S/O.P.MOHAMMED, KUNNIL HOUSE, MUTTAM, KUNNILNAGAR, SHIRIYA P.O. KASARAGOD. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS/COMPLAINANT AND STATE. ------------------------------------- 1. M.A.ABDUL BASHEER, S/O.ABOOBACKER HAJEE, MAVILA ROAD, PARAVANADKAM P.O. CHEMNAD, KASARAGOD POWER OF ATTORNEY HOLDER OF ALIYA ARABIC COLLEGE, CHEMNAD. 2. THE STATE OF KERALA, REP,. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 31/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.813 of 2005 ---------------------------------------- Dated this the 31st day of May 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 R.I for a period of one year and to pay fine of Rs.75,000/-. In default of payment of fine, the accused shall undergo R.I for a further period of three months. If the fine is paid, Rs.70,000/- shall be paid as compensation to the complainant as provided under Section 357 (1) Cr.P.C. as per judgment dated 28/02/2003 in C.C.No.680/99. The conviction was confirmed by the appellate court and the sentence was modified by directing the appellant to undergo imprisonment till rising of the Court and to pay a fine of Rs.44,100/- within two months and in default of payment of fine to undergo simple imprisonment for two months. If fine amount is realised, it shall be paid as compensation to the complainant under Section 357(3) Cr.P.C (vide judgment dated 16/02/2005 in Crl.A.No.122/2003). Crl.R.P.No.813/05 2 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 Section 138 of the Negotiable Instruments Act. The revision petitioner prays that the substantive sentence imposed on him may be avoided. 4. The disputed cheques in this case are for Rs.10,900/- and Rs.32,200/- dated 10/03/1999 and 15/03/1999 marked as Exts.P1 and P2 respectively. 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. This Court, while suspending the sentence as per order dated 23/03/2005 in Crl.M.A.No.4018/2005, directed the revision petitioner to deposit Rs.7,000/- within one month. Crl.R.P.No.813/05 3 Considering the elapse of 12 years after the issuance of the disputed cheques Exts.P1 and P2, I am inclined to enhance the fine amount of Rs.44,100/- imposed by the appellate court to Rs.50,000/-. The prayer of the revision petitioner that the substantive sentence imposed by the appellate court may be avoided is allowed. I find that the sentence of fine of Rs.50,000/- with appropriate default sentence of three months would meet the ends of justice in this case. Accordingly, for the conviction under Section 138 of the N.I.Act, the revision petitioner is sentenced to pay a fine of Rs.50,000/- (Rupees fifty thousand only). The said fine shall be paid as compensation to the 1st respondent/complainant under Section 357(1) Cr.P.C. The revision petitioner is permitted either to deposit the said fine amount less Rs.7,000/- if already deposited before the court below or directly pay the compensation to the complainant/1st respondent within a period of four months from today and produce a memo to that effect before the trial court in case of direct payment. If the revision petitioner fails to deposit or pay the said amount of fine within the aforementined period, he shall suffer simple imprisonment Crl.R.P.No.813/05 4 for three months by way of default sentence. 5. In the result, this revision petition is disposed of confirming the conviction entered and modifying the sentence imposed on the revision petitioner to the extent as stated above. (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.813/05 5 Crl.R.P.No.813/05 6 Crl.R.P.No.813/05 7 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 Crl.R.P.No.813/05 8 Crl.R.P.No.813/05 9