IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 Crl.Rev.Pet.No. 2743 of 2005() ------------------------------------ CRA.397/2001 of ADDL.SESSIONS COURT (ADHOC)-IV, TRIVANDRUM CC.159/1999 of JUDICIAL FIRST CLASS MAGISTRATE COURT -IV (MOBILE), TRIVANDRUM .................... REVN. PETITIONER/APPELLANT/ACCUSED ------------------------------------------------- CHANDRA KUMAR, S/O.M.THAMPI, AGED 47, INSTRUCTOR (TEXTILE WING), GOVERNMENT POLY TECHNIQUE, VATTIYOORKKAVU, THIRUVANANTHAPURAM. BY ADV. SRI.BLAZE K.JOSE RESPONDENT(S): RESPONDENTS/COMPLAINANT --------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, THIRUVANANTHAPURAM. 2. MURUGAN, NATESAN, GEETHALAKSHMY BHAVAN, T.C.23/23. VALIYASALA, THIRUVANANTHAPURAM. R1 BY PUBLIC PROSECUTOR SMT. ANEY PAUL R2 BY ADVS. SRI.M.BALAGOVINDAN SRI.M.R.SASITH THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 06/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.2743 of 2005 ---------------------------------------- Dated this the 6th 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.70,000/- to the complainant under Section 357(3) Cr.P.C and also directed to pay to the complainant a sum of Rs.1,000/- towards cost of the proceedings under Section 359 Cr.P.C; in default of payment of which to undergo simple imprisonment for thirty days as per judgment dated 07/09/2001 in C.C.No.159/1999. The conviction was confirmed by the appellate court and the sentence was modified by directing the appellant to undergo simple imprisonment for two months and the default sentence for non payment of cost was reduced to simple imprisonment for ten days. The order for payment of the cheque amount of Rs.70,000/- as compensation under Section 357(3) Cr.P.C was confirmed (vide judgment dated 12/08/2005 in Crl.A.No.397/01). Crl.R.P.No.2743/05 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 five months time to pay/deposit Rs.70,000/- as compensation and Rs.1,000/- towards cost as ordered by the courts below and to modify the sentence of simple imprisonment for two months to imprisonment till rising of court. 4. The disputed cheque in this case is for Rs.70,000/- dated 19/06/1999. 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 Crl.R.P.No.2743/05 3 till rising of court. Only the cheque amount of Rs.70,000/- has been ordered as compensation by the courts below. Considering the elapse of 11 years after the issuance of cheque, I find that the compensation amount ordered by the courts below at Rs.70,000/- should be enhanced to Rs.75,000/-. The direction to pay Rs.1,000/- towards cost to the complainant is confirmed. This Court has ordered on 28/10/2005 to deposit one half of the cheque amount i.e. Rs.35,000/- before the trial court while suspending the sentence as per order in Crl.M.A.No.17742/2005. The revision petitioner is granted four months time to pay/deposit Rs.75,000/- as compensation and Rs.1,000/- towards cost (less the amount, if any, already deposited) 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 revision 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 revision petitioner Crl.R.P.No.2743/05 4 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.75,000/- (Rupees seventy five thousand only) as compensation and Rs.1,000/- towards cost under Section 359 Cr.P.C less the amount if any already deposited, within a period of four months and in default to undergo simple imprisonment for a period of three months. The amount of cost and compensation, if deposited, shall be released to the complainant on proper application. The petitioner shall have time till 08/08/2011 to pay/deposit the total amount of Rs.76,000/- less the amount if any already deposited 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.2743/05 5 Crl.R.P.No.2743/05 6 Crl.R.P.No.2743/05 7 M.C.HARI RANI, J Crl.R.P.No.2743/05 8 Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 Crl.R.P.No.2743/05 9