IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 Crl.Rev.Pet.No. 938 of 2005() ----------------------------- CC.405/1999 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD CRA.97/2003 of III ADDL. SESSIONS COURT, THRISSUR .................... REVN. PETITIONER/APPELLANT/ACCUSED -------------------------------------- DASAN S/O. PANTHAYIL VATTA, VALAPPIL KUNHIPPU, KANADANASSERY VILLAGE, PANNISSERY P.O., KOONAMMOOCHI, THRISSUR DISTRICT. BY ADV. SRI.P.N.SANTHOSH SMT.K.P.GEETHA MANI RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE ---------------------------------------------- 1. C.K.BALAKRISHNAN, S/O. CHANTHURUTHIYIL KARAPANKUTTY, PALAKKAT PAYYUR DESOM, CHOONDAL, THALAPPALLY TALUK, THRISSUR. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.P.RAMACHANDRAN FOR R1 PUBLIC PROSECUTOR SRI.P.N.SUMANGALA THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.938 of 2005 ---------------------------------------- Dated this the 23rd day of February 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 compensation of Rs.54,000/-. The conviction was confirmed by the appellate court and the sentence was modified by directing the appellant to undergo simple imprisonment till rising of the court and to pay Rs.60,000/- as compensation to the complainant and in default to undergo simple imprisonment for one month. 2. Heard the learned counsel for the revision petitioner and the learned counsel for the 1st respondent. The learned Public Prosecutor is also heard. 3. At the time of argument, the learned counsel for the revision petitioner fairly submitted that the revision petitioner is not challenging the concurrent verdict of guilty and conviction entered by the courts below. The revision petitioner is praying for six months time to pay the balance amount of compensation. Crl.R.P.No.938/05 2 It is further submitted that the revision petitioner has already deposited Rs.7,500/- as directed by the appellate court and Rs.25,000/- as per order of this Court while suspending sentence. 4. It is submitted by the learned counsel for the 1st respondent that the disputed cheque for Rs.54,000/- was issued on 31/10/1998 and more than 12 years time is already elapsed after the issuance of the cheque. Considering the lapse of time the compensation amount may be enhanced and three months time can be given to the revision petitioner for payment/deposit of the balance amount of compensation. 5. 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. I am inclined to enhance the total compensation amount to Rs.65,000/- towards which the amount already in deposit can be given credit to. The revision petitioner is given three months time to pay/deposit the balance amount of compensation and in default to undergo simple imprisonment for two months. Crl.R.P.No.938/05 3 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) The revision petitioner is sentenced to undergo imprisonment till rising of court. He is further directed under Section 357(3) Cr.P.C to pay an amount of Rs.65,000/- (Rupees sixty five thousand only) as total compensation and in default to undergo simple imprisonment for a period of two months. The amount, if any, already deposited by the revision petitioner will be given credit to towards the total compensation amount of Rs.65,000/-. If realised, the entire amount shall be released to the complainant on proper application. The sentence shall not be executed till 23/05/2011 and the petitioner shall have time till that date to pay/deposit the amount of compensation and thus avoid the default sentence. The petitioner shall appear and his sureties shall produce him before the learned Magistrate on 24/05/2011 for execution of the sentence. (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.938/05 4 Crl.R.P.No.938/05 5 Crl.R.P.No.938/05 6 M.C.HARI RANI, J Crl.R.P.No.938/05 7 Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 Crl.R.P.No.938/05 8