IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 Crl.Rev.Pet.No. 596 of 2005(D) ------------------------------ CRA.468/2001 of I ADDL. SESSIONS COURT, THIRUVANANTHAPURAM CC.56/1999 of JUDL. MAGISTRATE OF FIRST CLASS-IV (MOBILE), THIRUVANANTHAPURAM .................... REVN. PETITIONER: ACCUSED: ----------------------------- M.SASIDHARAN NAIR, SECURITY GUARD, STATE BANK OF TRAVANCORE, MAIN BRANCH, STATUE, THIRUVANANTHAPURAM. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI RESPONDENTS/ COMPLAINANT: --------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR. 2. R.V.SANAL KUMAR, PRATHIBHAYIL VEEDU, KAVARADI ROAD, PETTAH, THIRUVANANTHAPURAM. ADV. SRI.SUBHASH CYRIAC FOR R2 R1 BY PUBLIC PROSECUTOR SMT. ANEY PAUL THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 12/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J ================= Crl.R.P.No.596 of 2005 =================== Dated this the 12th 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 as per judgment dated 3/11/2001 in C.C.No.56/1999 convicted and sentenced him to undergo simple imprisonment for six months and to pay compensation of Rs.50,000/- to the complainant under Section 357(3) Cr.P.C. and to pay Rs.1,000/- under Section 359 Cr.P.C. and in default to undergo simple imprisonment for thirty days. The appellate court allowed the appeal in part confirming the conviction but the sentence is modified to simple imprisonment for one day till rising of court and to pay compensation of Rs.50,000/- to the complainant under Section 357(3)Cr.P.C.and in default to undergo simple imprisonment for three months vide judgment dated 28/10/2004 in Crl.Appeal No.468/2001. CRRP 596/2005 2 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 guilty and conviction entered against him by the courts below for the offence under Section 138 of the Negotiable Instruments Act and he prays six months time to pay/deposit the amount. 4.The disputed cheque in this case is for Rs.50,000/- dated 10/4/1999. Already 11 years time is elapsed. A concurrent finding of guilty and conviction is there against the revision petitioner ordered 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 elapse of 11 years after the issuance of the cheque, I am inclined to enhance the compensation amount at Rs.60,000/- and five months' time can be granted to the revision petitioner to CRRP 596/2005 3 pay/deposit the entire amount of compensation and in default to undergo simple imprisonment for three months. The sentence modified and reduced by the appellate court to imprisonment for one day till rising of court is confirmed. 5. In the result, a) This revision petition is allowed in part. b) The impugned concurrent verdict of guilty and conviction of the petitioner under Section 138 of the Negotiable Instruments Act are confirmed and the sentence modified by the appellate court to imprisonment till rising of court is also confirmed. (c) The revision petitioner is directed under Section 357(3) Cr.P.C to pay/deposit the total amount of Rs.60,000/- (Rupees sixty thousand only), less the amount if any already deposited, within five months and in default to undergo simple imprisonment for a period of three months. The amount in deposit, if any, and the balance amount if deposited shall be released to the complainant on proper application. The petitioner shall have time till 12/9/2011 to pay/deposit the total amount of compensation of Rs.60,000/- less the amount if any CRRP 596/2005 4 already deposited and thus avoid the default sentence. The petitioner shall appear and his sureties shall produce him before the learned Magistrate on 13/9/2011 for execution of the sentence. M.C.HARI RANI, JUDGE ks CRRP 596/2005 5 CRRP 596/2005 6 CRRP 596/2005 7 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 CRRP 596/2005 8 CRRP 596/2005 9