IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 Crl.Rev.Pet.No. 2957 of 2004(D) ------------------------------- CC.555/1998 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI CRA.833/2003 of III ADDL.SESSIONS COURT, ERNAKULAM .................... REVN. PETITIONERS/APPELLANTS/ACCUSED 1 AND 3 ----------------------------------------------- 1. M/S.C.K.THOMAS & COMPANY, CHEMPAKASSERRY, RESIDENCY ROAD, KADAPPAKKADA, QUILON, REP. BY ITS MANAGING PARTNER SRI.MANUEL THOMAS, CHEMPAKASSERRY, RESIDENCY ROAD, KADAPPAKKADA, QUILON. 2. SRI.MANUEL THOMAS, S/O.LATE C.K.THOMAS, MANAGING PARTNER, C.K.THOMAS & COMPANY, CHEMPAKASSERY, RESIDENCY ROAD, KADAPPAKKADA, QUILON. BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS/RESPONDENTS/STATE AND COMPLAINANT ------------------------------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MUTHOOT LEASING AND FINANCE LTD., PREETHI BUILDINGS, VYTTILA, KOCHI - 19, REP. BY ITS BRANCH MANAGER AND POWER OF ATTORNEY HOLDER. PUBLIC PROSECUTOR SRI.SABU SREEDHAR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 30/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX IN CRL.R.P.NO.2957 OF 2004 ANNEXURE 1 : COPY OF THE CERTIFICATE ISSUED BY DR.PRAVEEN KUMAR, SENIOR CONSULTANT CARDIAC SURGEON, NARAYANA HRUDAYALAYA, BANGALORE. ANNEXURE 2: COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR.C.G.BAHULEYAN, M.D., PROFESSOR AND HEAD OF CARDIOLOGY, MEDICAL COLLEGE & HOSPITAL, THIRUVANANTHAPURAM. // True Copy// PA to Judge M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.2957 of 2004 ---------------------------------------- Dated this the 30th day of June 2011 O R D E R The revision petitioners are accused 1 and 3 in C.C.No.555/98 on the file of the court of J.F.M.C.-I, Kochi. They stand convicted for the offence under Section 138 of the Negotiable Instruments Act. The trial court acquitted the second accused under Section 255(1) Cr.P.C. The 1st accused being the company was sentenced to pay fine of Rs.5,000/-. The 3rd accused was sentenced to undergo simple imprisonment for nine months and to pay compensation of Rs.2,15,947/- to the complainant under Section 357(3) Cr.P.C and in default to undergo simple imprisonment for two months as per judgment dated 16/08/2003 in C.C.No.555/98. Appeal preferred by accused 1 and 3 was dismissed by the appellate court. The conviction and sentence passed by the trial court were maintained vide judgment dated 01/09/2004 in Crl.A.No.833/2003). 2. Heard the learned counsel for the revision petitioners/accused 1 and 3 and the learned counsel for the 2nd Crl.R.P.No.2957/04 2 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 petitioners/accused 1 and 3 that the revision petitioners are not challenging the concurrent finding of conviction entered against them by the courts below for the offence under Section 138 of the Negotiable Instruments Act. The revision petitioners pray for six months time to pay/deposit the compensation amount of Rs.2,15,947/- and to modify the sentence of simple imprisonment for nine months imposed on the 2nd revision petitioner to imprisonment till rising of court. 4. The disputed cheques are marked as Ext.P1 dated 27/3/1997 for Rs.83,547/- and Ext.P2 series cheques dated 27/4/1997 and 27/5/1997 for Rs.66,200/- each amounting to a total sum of Rs.2,15,947/-. A concurrent finding of guilty and conviction is there against the revision petitioners 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 Crl.R.P.No.2957/04 3 same is confirmed. The substantive sentence of simple imprisonment for nine months imposed on the 2nd revision petitioner by the courts below is modified for imprisonment till rising of court. Considering the elapse of 14 years after the date of issuance of the cheques, the compensation amount is fixed to Rs.2,20,000/-. This Court has already directed to deposit Rs.50,000/- within a period of four months from 16/11/2004 as per order dated 16/11/2004 in Crl.M.A.No.13434/2004. Revision petitioners are granted six months time, as prayed for, to pay/deposit the compensation amount (less the amount, if any already deposited) and in default the 2nd revision petitioner/3rd accused shall undergo simple imprisonment for four months. 5. In the result, a) This revision petition is allowed in part. b) The impugned concurrent verdict of guilty and conviction of the revision petitioners under Section 138 of the Negotiable Instruments Act are confirmed. (c) The sentence imposed on the 1st revision petitioner/1st accused to pay a fine of Rs.5,000/- is set aside. Crl.R.P.No.2957/04 4 (d) But the sentence imposed on the 2nd revision petitioner/3rd accused is modified and reduced. In supersession of the sentence imposed on the 2nd revision petitioner by the courts below, he is sentenced to undergo imprisonment till rising of court. Revision petitioners are directed under Section 357(3) Cr.P.C to pay/deposit Rs.2,20,000/- (Rupees two lakhs twenty thousand only) as compensation (less the amount if any already deposited) on or before 30/12/2011 and in default the 2nd revision petitioner shall 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 2nd revision petitioner shall appear and his sureties shall produce him before the learned Magistrate on 31/12/2011 for execution of the sentence. (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.2957/04 5 Crl.R.P.No.2957/04 6 Crl.R.P.No.2957/04 7 M.C.HARI RANI, J Crl.R.P.No.2957/04 8 Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 Crl.R.P.No.2957/04 9