IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 Crl.Rev.Pet.No. 2382 of 2005() ------------------------------ CRA.1007/2003 of ADDL.SESSIONS JUDGE (ADHOC-II), ERNAKULAM CC.150/1999 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... REVN. PETITIONERS/APPELLANTS/ACCUSED --------------------------------------- 1. MARIA CEMENTS, MATHA SHOPPING COMPLEX, TRIPUNITHURA, ERNAKULAM. 2. PAULOSE, PARTNER, MARIA CEMENTS, MATHA SHOPPING COMPLEX, TRIPUNITHURA, ERNAKULAM. BY ADV. SRI.JOSE KURIAKOSE (VILANGATTIL) SRI.GEORGE KARITHANAM VARGHESE RESPONDENTS/RESPONDENTS/COMPLAINANT AND STATE ----------------------------------------- 1. MALABAR CEMENTS LTD., REP. BY ITS HEAD OFFICE AT WALAYAR AND BRANCH OFFICE AT MARKET ROAD, NORTH END, ERNAKULAM. REP. BY ITS SALES MANAGER-IN-CHARGE B.RAJENDRAN. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR. HIGH COURT OF KERALA, ERNAKULAM. ADV. SMT.MARY BENJEMIN FOR R1 SRI.B.S.KRISHNAN, SENIOR ADVOCATE SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN PUBLIC PROSECUTOR SRI.SABU SREEDHAR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 21/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.2382 of 2005 ---------------------------------------- Dated this the 21st day of June 2011 O R D E R The revision petitioners stand convicted for the offence under Section 138 of the Negotiable Instruments Act. The trial court convicted and sentenced the 1st accused to pay a fine of Rs.80,000/- and the 2nd accused was sentenced to undergo simple imprisonment for three months and to pay fine of Rs.75,000/- and in default to undergo simple imprisonment for two months. Out of the fine amount if realised, an amount of Rs.1,40,000/- shall be paid to the complainant under Section 357(1)(b) Cr.P.C as per judgment dated 09/10/2003 in C.C.No.150/99. The order of conviction and sentence passed by the trial court was confirmed by the appellate court (vide judgment dated 09/05/2005 in Crl.A.No.1007/2003). 2. Heard the learned counsel for the revision petitioners/accused and the learned counsel for the .1st respondent/complainant. The learned Public Prosecutor is also heard. Crl.R.P.No.2382/04 2 3. At the time of argument, it is submitted by the learned counsel for the revision petitioners/accused 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 four months time to pay/deposit the cheque amount of Rs.79,000/- as compensation and also prayed to modify the sentence of imprisonment as ordered by the trial court as well as by the appellate court against the 2nd revision petitioner. 4. The learned counsel for the 1st respondent submitted that the fine amount of Rs.1,40,000/- as ordered by the courts below may be given as compensation in favour of the complainant. 5. 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 same is confirmed. The 2nd Crl.R.P.No.2382/04 3 revision petitioner is sentenced to undergo imprisonment till rising of court. Considering the facts and circumstances of this case and also the elapse of twelve years after the issuance of Ext.P3 cheque, I am fixing the compensation at Rs.85,000/- and the revision petitioners are granted three months time either to pay or to deposit the entire amount of compensation of Rs.85,000/- and in default to undergo simple imprisonment for two months by the 2nd revision petitioner. 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) But the sentence imposed 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 further directed under Section 357(3) Cr.P.C to pay/deposit an amount of Rs.85,000/- (Rupees eighty five thousand only) as compensation (less the amount, if any, already deposited) on or Crl.R.P.No.2382/04 4 before 22/09/2011 and in default the 2nd revision petitioner shall undergo simple imprisonment for two months. The 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 23/09/2011 for execution of the sentence. (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.2382/04 5 Crl.R.P.No.2382/04 6 Crl.R.P.No.2382/04 7 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 Crl.R.P.No.2382/04 8 Crl.R.P.No.2382/04 9