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. 311 of 2005() ----------------------------- CC.913/1998 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHERTHALA CRA.116/2002 of ADDL. SESSIONS COURT (ADHOC)-II, ALAPPUZHA .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------- P.SHAMS,S/O.PAREEKUTTY, PALATHARA HOUSE,AROOKUTTY P.O., CHERTHALA. BY ADV. SRI.J.OM PRAKASH RESPONDENT(S): --------------- 1. P.R.RADHAKRISHNAN,PUTHENVEETTIL, POOCHAKKAL P.O.,CHERTHALA. 2. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.T.H.ABDUL AZEEZ FOR R1 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.311 of 2005 ---------------------------------------- Dated this the 21st 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 convicted and sentenced him to undergo simple imprisonment for six months and to pay fine of Rs.5,000/- and in default to undergo simple imprisonment for one month as per judgment dated 16/04/2002 in C.C.No.913/98. The conviction and sentence imposed by the lower court was confirmed by the appellate court (vide judgment dated 12/10/2004 in Crl.A.No.116/2002). 2. Heard the learned counsel for the revision petitioner/accused and the learned counsel for the 1st 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 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 Crl.R.P.No.311/05 2 Section 138 of the Negotiable Instruments Act. The revision petitioner prays that the substantive sentence of imprisonment imposed by the courts below may be avoided and he is ready to pay/deposit the entire cheque amount of Rs.75,000/- as compensation within a period of six months. It is also prayed to exempt the revision petitioner from payment of fine amount as ordered by the trial court and confirmed by the appellate court. The learned counsel for the complainant and the learned Public Prosecutor did not oppose the prayer. 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. The substantive sentence of imprisonment for six months ordered by the courts below is modified to imprisonment till rising of court. In the circumstances of the case and considering the elapse of more than 13 years after the issuance of the cheque, I am inclined to fix the compensation amount at Rs.80,000/-. The Crl.R.P.No.311/05 3 revision petitioner is granted four months time to pay/deposit Rs.80,000/- as compensation to the complainant and in default to undergo simple imprisonment for two 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) He is directed under Section 357(3) Cr.P.C to pay/deposit Rs.80,000/- (Rupees eighty thousand only) as compensation on or before 21/10/2011 and in default to undergo simple imprisonment for a period of two months. The amount if deposited shall be released to the complainant on proper application. (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.311/05 4 Crl.R.P.No.311/05 5 Crl.R.P.No.311/05 6 M.C.HARI RANI, J Crl.R.P.No.311/05 7 Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 Crl.R.P.No.311/05 8