IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 Crl.Rev.Pet.No. 817 of 2004(B) ------------------------------------------- [CRL.A.NO.370/2002 OF ADDITIONAL SESSIONS COURT (ADHOC),FAST TRACK THRISSUR, ST.NO.1893/1999 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR] .................... REVISION PETITIONER/APPELLANT/ACCUSED: -------------------------------------------------------------------- P.S.BABU, S/O.SCHARIAH, PUTHIYAMADATHIL HOUSE, VELUPADAM, MUKUNDAPURAM. TALUK. BY ADV. SRI.K.A.SREEJITH. RESPONDENTS/RESPONDENTS/COMPLAINANT: ---------------------------------------------------------------------- 1. PHARMA KURIES (P) LIMITED, THRISSUR, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER C.K.VARGHESE, S/O.DEVASSY, MANALUR, THRISSUR. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.DILIP J. AKKARA, R2 BY PUBLIC PROSECUTOR SRI. PUZHAKKARA MUHAMMED. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 04/04/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.817 of 2004 ---------------------------------------- Dated this the 4th 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 three months and to pay compensation of Rs.70,000/- to the complainant and in default of payment of compensation to undergo simple imprisonment for three months as per judgment dated 17/08/2002 in S.T.No.1893/1999. The conviction and sentence was confirmed by the appellate court. (vide judgment dated 15/1/2004 in Crl.A.No.370/2002). 2. Heard the learned counsel for the 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 him by the courts below for the offence under Section 138 of the Negotiable Instruments Act. He only prays Crl.R.P.No.817/04 2 that six months time may be granted to pay/deposit the amount of compensation and the sentence of simple imprisonment for three months may be modified to imprisonment till rising of court. 4. The disputed cheque in this case is for Rs.69,551/- dated 10/03/1998. 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 12 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 of imprisonment for three months is modified to imprisonment till rising of court and the revision petitioner is granted six months time to deposit the compensation amount of Rs.70,000/- and in default to undergo simple imprisonment for four months. 5. In the result, a) This revision petition is allowed in part. Crl.R.P.No.817/04 3 b) The impugned concurrent verdict of guilty and conviction of the 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 petitioner 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.70,000/- (Rupees seventy thousand only) as compensation within a period of six months and in default to undergo simple imprisonment for a period of four months. The amount, if deposited, shall be released to the complainant on proper application. The petitioner shall have time till 10/10/2011 to pay/deposit the amount of compensation of Rs.70,000/- and thus avoid the default sentence. The petitioner shall appear and his sureties shall produce him before the learned Magistrate on 11/10/2011 for execution of the sentence. (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.817/04 4 Crl.R.P.No.817/04 5 Crl.R.P.No.817/04 6 M.C.HARI RANI, J Crl.R.P.No.817/04 7 Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 Crl.R.P.No.817/04 8