IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 Crl.Rev.Pet.No. 63 of 2005() ---------------------------- C.C.NO.394/1997 OF J.F.C.M COURT, KOZHIKODE CRL.A.NO.114/2001 OF SESSIONS COURT, KOZHIKODE REVN. PETITIONER:APPELLANT/ACCUSED: --------------------------------------- K. JAYAPRAKASH, S/O. PARAVAKUTTY, AGED 39 YEARS, KUNIYIL HOUSE, E-5/402, ELATHUR P.O., KOZHIKODE DISTRICT. BY ADV. SRI.P.K.RAMKUMAR RESPONDENTS: RESPONDENTS/COMPLAINANT & STATE: ----------------------------------- 1. FREEMAN INVESTMENTS (PVT.) LTD., REP.BY ITS DIRECTOR, SREEDHARAN, S/O. KRISHNAN NAIR, AGED 66 YEARS, 2/2304, KALATHINKUNNU VILLAGE, CALICUT, KOZHIKODE DISTRICT. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.C.P.MOHAMMED NIAS FOR R1 PUBLIC PROSECUTOR SMT.P.N.SUMANGALA THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 10/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.63 of 2005 ---------------------------------------- Dated this the 10th day of February 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 eight months. The appellate court also confirmed the conviction and sentence awarded by the trial court. The same has been challenged by the revision petitioner/accused before this Court in this revision petition. 2. Heard the learned counsel for the petitioner, the learned counsel for the 1st respondent and the learned Public Prosecutor. 3. It is submitted by the learned counsel for the revision petitioner at the time of argument that the revision petitioner has already deposited an amount of Rs.15,000/- (the entire cheque amount) before the court below as ordered by this Court while suspending the sentence as per order in Crl.M.A.No.14333/2004 dated 18/01/2005. It is also submitted by the learned counsel for the revision petitioner that the amount already deposited by the revision petitioner may be Crl.R.P.No.63/05 2 treated as compensation under section 357(3) Cr.P.C and the complainant may be permitted to withdraw the amount. It is also prayed that the sentence may be modified by directing the revision petitioner/accused to undergo imprisonment till rising of the court. 4. Considering the facts and circumstances of this case, I am inclined to accept the submission made by the learned counsel for the revision petitioner. It is submitted by the learned counsel for the 1st respondent that direction may be given to the revision petitioner to deposit some more amount towards interest in addition to the amount already in deposit. The cheque is dated 27/2/1996. About more than 15 years is elapsed. Considering this aspect, I find that the 1st respondent is entitled to get some more amount as compensation in addition to the amount of Rs.15,000/- which is already in deposit. Accordingly the total amount of compensation under section 357(3) Cr.P.C is enhanced to Rs.20,000/-. 5. In the result, a) This revision petition is allowed in part. b) The impugned concurrent verdict of guilty and Crl.R.P.No.63/05 3 conviction of the petitioner under Section 138 of the Negotiable Instruments Act are upheld. 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. The revision petitioner is further directed to deposit an amount of Rs.5,000/- (Rupees five thousand only) in addition to the amount of Rs.15,000/- which is already in deposit and in default to undergo simple imprisonment for two months. If realised, the entire amount shall be released to the complainant on proper application. 6. The sentence shall not be executed till 11/04/2011. The petitioner shall have time till that date to pay the amount of compensation of Rs.5,000/- in addition to the amount of Rs.15,000/- which is already in deposit and thus avoid the default sentence. The petitioner shall appear and his sureties shall produce him before the learned Magistrate on or before 12/04/2011 for execution of the sentence. (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.63/05 4 Crl.R.P.No.63/05 5 Crl.R.P.No.63/05 6 Crl.R.P.No.63/05 7 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 Crl.R.P.No.63/05 8