IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 Crl.Rev.Pet.No. 986 of 2004(C) ------------------------------ CRA.58/2003 of ADDL.SESSIONS COURT, KOTTAYAM CC.43/2002 of JUDL. MAGISTRATE OF FIRST CLASS-II(MOBILE), KOTTAYAM .................... REVN. PETITIONER/APPELLANT/ACCUSED -------------------------------------- A.R.RAMANAN, S/O. RAMANKUTTY, ANGADIVAYALIL HOUSE, LAKKATTOOR P.O., KOOROPPADA VILLAGE, KOTTAYAM. BY ADV. SRI.T.I.ABDUL SALAM RESPONDENTS/RESPONDENTS/COMPLAINANT -------------------------------------- 1. ABJO PLASTICS PVT.LTD., KOTTAYAM, REPRESENTED BY ITS MANAGING DIRECTOR C.P.JOLLY. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.RAJEEV.P.NAIR FOR R1 SRI.REJI GEORGE FOR R1 SRI.MOHAN PULIKKAL FOR R1 SRI.JOE JOSEPH KOCHIKUNNEL FOR R1 SRI.PAULCY KURIAN FOR R1 PUBLIC PROSECUTOR SMT.ANEY PAUL THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 05/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.986 of 2004 ---------------------------------------- Dated this the 5th day of April 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 six months and to pay compensation of Rs.85,173/- to the complainant under Section 357(3) Cr.P.C and in default to undergo simple imprisonment for three months as per judgment dated 08/01/2003 in C.C.No.43/2002. The order of conviction and sentence passed by the trial court is confirmed by the appellate court (vide judgment dated 26/11/2003 in Crl.A.No.58/2003). 2. Heard the learned counsel for the revision petitioner/accused and the learned counsel for the 1st respondent/complainant. The learned Public Prosecutor is also heard. 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 Crl.R.P.No.986/04 2 entered against him by the courts below for the offence under Section 138 of the Negotiable Instruments Act. The revision petitioner prays for four months time to pay/deposit the amount of compensation ordered by the courts below and to modify the sentence of simple imprisonment for six months to imprisonment till rising of court. 4. The prayer of the revision petitioner is not opposed by the learned counsel for the 1st respondent/complainant. 5. The disputed cheque in this case is for Rs.85,173/- dated 01/10/1999. A concurrent finding of guilty and conviction is there against the revision petitioner by the trial court as well as by the appellate court. About 11 years is already elapsed after the issuance of the disputed 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. The sentence is modified for imprisonment till rising of court. Only the cheque amount of Rs.85,173/- has been ordered as compensation by the courts below. Considering the elapse of 11 years after the issuance of cheque, I find that Crl.R.P.No.986/04 3 the compensation amount ordered by the courts below at Rs.85,173/- should be enhanced to Rs.90,000/-. The revision petitioner can be granted four months time to pay/deposit the amount of compensation of Rs.90,000/- 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 Instruments Act are confirmed. (c) But the sentence imposed is modified and reduced. In supersession of the sentence imposed on the 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 Rs.90,000/- (Rupees ninety thousand only) as compensation within a period of four months and in default to undergo simple imprisonment for a period of three months. The amount, if deposited, shall be released to the complainant on proper application. The petitioner shall have time till 08/08/2011 to pay/deposit the amount of compensation of Crl.R.P.No.986/04 4 Rs.90,000/- and thus avoid the default sentence. The petitioner shall appear and his sureties shall produce him before the learned Magistrate on 09/08/2011 for execution of the sentence. (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.986/04 5 Crl.R.P.No.986/04 6 Crl.R.P.No.986/04 7 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 Crl.R.P.No.986/04 8 Crl.R.P.No.986/04 9