IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 25TH FEBRUARY 2011 / 6TH PHALGUNA 1932 Crl.Rev.Pet.No. 805 of 2004(A) ------------------------------ CRA.520/2002 of ADDL. SESSIONS COURT (ADHOC),FAST TRACK COURT NO.I, THRISSUR ST.3011/1999 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR .................... REVN. PETITIONER: ACCUSED/APPELLANT: --------------------------------------- M.K. ANTONY, S/O. KOCHU DEVASSY, MALIYEKKAL KATTADI HOUSE, OLARIKKARA, PULLAZHI P.O., THRISSUR. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SMT.SONIYA.M RESPONDENTS/COMPLAINANT/RESPONDENTS: --------------------------------------- 1. SUKANYA KURIES & LOANS PVT.LIMITED THRISSUR, REPRESENTED BY THE POWER OF ATTORNEY T.K. RUBIAS, S/O. KOCHAPPU, THAIKATTIL HOUSE, PAMBUR, KUTTUR P.O. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PBLIC PROSECUTOR SMT.P.N. SUMANGALA THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 25/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C. HARI RANI, J. ====================== CRL.R.P.NO.805 OF 2004 ======================= Dated this the 25th day of February 2011 ORDER This revision petition is filed by the accused against the concurrent verdict of guilty, conviction and sentence in a prosecution for the offence under Section 138 of the Negotiable Instruments Act. The trial court, after trial, found the accused guilty for the offence under Section 138 of the Negotiable Instruments Act and sentenced him to undergo simple imprisonment for a period of one month and to pay Rs.52,890/- to the complainant as compensation under Section 357(3) of the Code of Criminal Procedure with default sentence of simple imprisonment for a further period of one month as per judgment dated 16/11/2002 in S.T.No.3011/1999. The appellate court confirmed the conviction and sentence passed by the learned Magistrate and dismissed the appeal( vide judgment dated CRRP 805/2004 2 30/1/2004 in Crl.Appeal No.520/2002). That concurrent finding of conviction and sentence has been challenged by the revision petitioner/accused in this revision petition. 2. Heard the learned counsel for the revision petitioner and the learned counsel for the first respondent/complainant. Heard the learned Public Prosecutor also. 3. At the time of hearing, it is submitted by the learned counsel for the revision petitioner that the revision petitioner is not challenging the concurrent finding of conviction entered into against him for the offence under Section 138 of the Negotiable Instruments Act and also the direction for payment of Rs.52,890/- as compensation to the complainant under Section 357(3)Cr.P.C. It is prayed to modify the sentence of imprisonment by reducing for imprisonment till rising of the court. The learned counsel for the revision petitioner also prayed two months time to pay the amount of compensation. 4. The learned counsel for the first respondent submitted that the disputed cheque is dated 23/12/1998 for Rs.52,890/-. More than twelve years is already over. Both the trial court as well as the appellate court directed the accused to pay CRRP 805/2004 3 compensation of Rs.52,890/- under Section 357(3)Cr.P.C. Considering the lapse of time, compensation may be enhanced, it is submitted. On hearing the submissions made by both counsel, I am inclined to modify the sentence by reducing for imprisonment till rising of the court and the compensation amount is enhanced to Rs.55,000/-. The revision petitioner is granted two months time to pay the amount of compensation of Rs.55,000/- to the complainant and in default of payment of the said amount, the revision petitioner/accused is directed to undergo simple imprisonment for two months. 5. In the result, a)this Criminal revision petition is allowed in part. b)The conviction of the revision petitioner for the offence under Section 138 of the Negotiable Instruments Act is confirmed. But the sentence is modified and reduced to imprisonment till rising of the court. The compensation amount is enhanced to Rs.55,000/-. c)The revision petitioner is granted two months time to deposit/pay the amount of Rs.55,000/- (Rupees fifty five thousand) as compensation under Section 357(3)Cr.P.C., i.e. on CRRP 805/2004 4 or before 25/4/2011 to the first respondent/complainant and in case of default of payment/deposit of the said amount, the revision petitioner is directed to undergo simple imprisonment for two months. d) If the revision petitioner has deposited the amount of Rs.55,000/- on or before 25/4/2011, the first respondent/complainant is permitted to withdraw the entire amount on filing proper application. e)The revision petitioner shall appear and his sureties shall produce him before the learned Magistrate on 26/4/2011 for execution of the sentence. Sd/- M.C. HARI RANI JUDGE ks. TRUE COPY P.S. TO JUDGE