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. 390 of 2002 ----------------------------- CRA.10/2000 of ADDL.SESSIONS COURT,N. PARAVUR CC.608/1995 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... REVN. PETITIONER: APPELLANT/ACCUSED -------------------------------------- SOOCY THOMAS KURIAN, PROPRIETRIX, ST.GEORGE GARMENTS, 1ST FLOOR ORIENTAL SHOPPING COMPLEX, POST OFFICE LINK ROAD, ERNAKULAM-31. BY ADV. SRI.C.P.UDAYABHANU RESPONDENTS: RESPONDENTS/COMPLAINANTS --------------------------------------- 1. C.T.BABU, S/O.THOMAS, CHAMMINIKODATH HOUSE, WARD NO.20, PARATHU LANE. 2. STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.DINESH MATHEW J.MURICKEN FOR R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 30/06/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J ==== ============== Crl.R.P.No. 390 of 2002 ===================== Dated this the 30th day of June 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 as per judgment dated 27/11/1999 in C.C.No.608/1995 convicted and sentenced her to undergo rigorous imprisonment for six months and to pay an amount of of Rs.25,000/- as compensation under Section 357 Cr.P.C. The appeal was partly allowed confirming the conviction and the sentence was modified to simple imprisonment for three months and the compensation awarded by the learned Magistrate was confirmed vide judgment dated 22/11/2001 in Crl.Appeal No.10/2000. 2. Heard the learned counsel for the revision petitioner 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 her by the courts below for the offence under Section 138 of the Negotiable Instruments Act and prayed six CRRP 390/2002 -2- months time to pay/deposit the amount of compensation of Rs.25,000/- as ordered by both the courts below and also to modify the sentence of simple imprisonment for three months ordered by the appellate court to imprisonment till rising of court. 4. A concurrent finding of guilty and conviction is there against the revision petitioner 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. Considering the facts of this case, I am inclined to enhance the compensation amount at Rs.26,000/- . The revision petitioner can be granted six months' time to pay/deposit the amount of Rs.26,000/- less the amount if any already deposited by the revision petitioner and in default to undergo simple imprisonment for four months. The sentence of simple imprisonment for three months is modified to imprisonment till rising of court. 5. In the result, a) This revision petition is allowed in part. CRRP 390/2002 -3- 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 by the courts below, she is sentenced to undergo imprisonment till rising of court. She is further directed under Section 357(3) Cr.P.C to pay/deposit the total amount of Rs.26,000/- (Rupees twenty six thousand only) within six months, less the amount, if any,already deposited as compensation and in default to 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 revision petitioner shall have time till 30/12/2011 to pay/deposit the amount of compensation and thus avoid the default sentence. The revision petitioner shall appear and her sureties shall produce her before the learned Magistrate on 31/12/2011 for execution of the sentence. M.C.HARI RANI, JUDGE ks CRRP 390/2002 -4- CRRP 390/2002 -5- CRRP 390/2002 -6- M.C.HARI RANI, J CRRP 390/2002 -7- Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 CRRP 390/2002 -8-