IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 18TH FEBRUARY 2011 / 29TH MAGHA 1932 Crl.Rev.Pet.No. 978 of 2005 ----------------------------- CRA.652/2003 of SESSIONS COURT, KOZHIKOE CC.42/2003 of JUDL.MAGISTRATE OF FIRST CLASS, PAYYOLI .................... REVISION PETITIONER/: APPELLANT/ACCUSED -------------------------------------- MURALEEDHARAN NAMBIAR, S/O. RAMUNNI NAIR, UNICHATHANKADI VEEDU IRINGATHU P.O., MEPPAYUR KOYILANDY. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENTS/: RESPONDENT/COMPLAINANT ------------------------------------- 1. U.SATHYAN S/O. KANANAN URUVECHEDATH HOUSE, THIKKODI P.O., THRIKKOTTUR, KOYILANDY. 2. THE STAE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SMT.K.V.RESHMI FOR R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 18/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C. HARI RANI, J. ====================== CRL.R.P.NO.978 OF 2005 ======================= Dated this the 18th day of February 2011 ORDER This revision petition is filed by the accused against the concurrent verdict of guilty, conviction and sentence in a prosecution for the offence under Section 138 of the Negotiable Instruments Act. The trial court found the accused guilty for the offence under Section 138 of the Negotiable Instruments Act and sentenced him to undergo simple imprisonment for six months and to pay Rs.70,000/- as compensation under Section 357(3) of the Code of Criminal Procedure with default sentence of simple imprisonment for one month. The appellate court allowed the appeal in part. The conviction of the appellant under Section 138 of the Negotiable Instrument Act and direction for payment of compensation are confirmed. Sentence of imprisonment was modified to simple imprisonment for one month. That finding of conviction and sentence has been challenged by the revision CRRP 978/2005 -2- petitioner/accused in this revision petition. 2. Heard the learned counsel for the revision petitioner and the learned counsel for the first respondent/complainant. 3. At the time of hearing, it is submitted by the learned counsel for the revision petitioner that the revision petitioner is not challenging the concurrent finding of conviction entered into against him for the offence under Section 138 of the Negotiable Instruments Act and also the direction for payment of Rs.70,000/- as compensation to the complainant under Section 357(3)Cr.P.C. It is prayed to modify the sentence of imprisonment by reducing for imprisonment till rising of the court. The learned counsel for the revision petitioner also prayed four months time to pay the amount of compensation. 4. The cheque is dated 10/12/2002 for Rs.60,000/-. More than eight years is already over. Both the trial court as well as the appellate court directed the accused to pay compensation of Rs.70,000/- under Section 357(3)Cr.P.C. The appellate court confirmed the conviction and modified the sentence to undergo simple imprisonment for one month. In a case like this substantive sentence can be avoided. The accused was already CRRP 978/2005 -3- directed to pay a sum of Rs.70,000/- to the complainant as compensation. On hearing the submission made by both counsel, I am inclined to modify the sentence by reducing for imprisonment till rising of the court. The revision petitioner is granted four months time to pay the amount of compensation of Rs.70,000/-- to the complainant and in default of payment of the said amount, the revision petitioner/accused is directed to undergo simple imprisonment for two months. 5. In the result, a)this Criminal revision petition is allowed in part. b)The conviction of the revision petitioner for the offence under Section 138 of the Negotiable Instruments Act is confirmed. But the sentence is modified and reduced to imprisonment till rising of the court. c)The revision petitioner is granted four months time to deposit/pay the amount of Rs.70,000/- (Rupees seventy thousand) as compensation under Section 357(3)Cr.P.C., i.e. on or before 18/6/2011 to the first respondent/complainant and in case of default of payment/deposit of the said amount, the revision petitioner is directed to undergo simple imprisonment CRRP 978/2005 -4- for two months. d) If the revision petitioner is deposited the amount of Rs.70,000/- on or before 18/6/2011, the first respondent/complainant is permitted to withdraw the entire amount on filing proper application. e)The revision petitioner shall appear and his sureties shall produce him before the learned Magistrate on 20/6/2011 for execution of the sentence. M.C. HARI RANI JUDGE ks.