IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 Crl.Rev.Pet.No. 629 of 2005(C) ------------------------------ CRA.756/2004 of II ADDL.SESSIONS COURT, ERNAKULAM CC.386/2000 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... REVN. PETITIONER: APPELLANT/ACCUSED -------------------------------------- SUSAN JIMMY, PATTASSERIL HOUSE, BOY'S HIGH SCHOOL, TRIPUNITHURA. BY ADV. SRI.PRAVEEN K. JOY RESPONDENTS: RESPONDENTS/COMPLAINANT. --------------------------------------- 1. M/S. WEIZMAN LTD., LAXMI CHAMBERS, 40/7804, M.G.ROAD, ERNAKULAM REPRESENTED BY POWER OF ATTORNEY HOLDER MR.AJAI KUMAR, S/O. K.NARAYANAN PILLAI, PERUMBAVOOR. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, SESSIONS COURT, ERNAKULAM. ADV. SRI.SUNU P.JOHN FOR R1 SMT.SHEEBA V.GEORGE FOR R1 R2 BY PUBLIC PROSECUTOR SRI PUZHAKKARA MUHAMMED THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J ==== ============== Crl.R.P.No.629 of 2005 ===================== Dated this the 3rd 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 as per judgment dated 28/7/2004 in C.C.No.386/2000 convicted and sentenced her to undergo simple imprisonment for three months and to pay compensation of Rs.12,000/- to the complainant under Section 357(3)Cr.P.C. and in default to undergo simple imprisonment for two months. The appellate court allowed the appeal in part confirming the conviction of the accused under Section 138 of the Negotiable Instruments Act and the sentence was modified to pay a fine of Rs.12,000/- (Rupees twelve thousand only), in default of which to undergo simple imprisonment for two months, the fine if realised, to pay the same as compensation to the complainant under Section 357(1) Cr.P.C. (Vide judgment dated 9/12/2004 in Crl.Appal No. 756/2004. CRRP 629/2005 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 conviction entered against her by the courts below for the offence under Section 138 of the Negotiable Instruments Act. The learned counsel also submitted that Rs.1,000/- has been deposited already by the revision petitioner before the trial court as ordered by this Court on 11/3/2005 while suspending the sentence as per order in Crl.M.A.No.3244/2005. Exts.P2 and P3 are the cheques issued on 25/2/1999 and 25/5/1999 for Rs.8409/- each. Considering the elapse of 12 years, I am inclined to enhance the fine amount at Rs.15,000/-. The revision petitioner is granted three months time from today either to pay or to deposit the total amount of Rs.15,000/- less the amount, if any, already deposited before the trial court. 4. Accordingly, for the conviction under Section 138 of the Negotiable Instruments Act, the revision petitioner is sentenced to pay a fine amount of Rs.15,000/-(Rupees fifteen thousand only). The said fine shall be paid as compensation under Section CRRP 629/2005 3 357(1) Cr.P.C.to the complainant. The revision petitioner is permitted either to deposit the fine amount before the court below or to pay directly to the complainant within three months from today and produce a memo to that effect before the trial court in case of direct payment. If she fails to deposit or pay the said amount within the aforementioned period, she shall suffer simple imprisonment for two months by way of default sentence. The amount in deposit, if any, and the balance amount if deposited shall be released to the complainant on proper application. In the result, this revision petition is disposed of confirming the conviction entered, but modifying the sentence imposed on the revision petitioner to the above extent. M.C.HARI RANI, JUDGE ks CRRP 629/2005 4 CRRP 629/2005 5 CRRP 629/2005 6 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 CRRP 629/2005 7 ORDER 17th DAY OF JUNE 2001 CRRP 629/2005 8