IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 Crl.Rev.Pet.No. 1668 of 2003() ------------------------------------ CRA.140/2001 of III ADDL.SESSIONS COURT, KOLLAM CC.134/1998 of JUDICIAL MAGISTRATE OF FIRST CLASS-I, KOLLAM .................... PETITIONER(S):APPELLANT/ACCUSED ---------------------------------------------- T.EMILI, I.T.I.QUARTERS, ROOM NO.13 CHANDANATHOPE, KOLLAM. BY ADV. SRI.S.SANTHOSH KUMAR RESPONDENT(S):RESPONDENTS/STATE AND COMPLAINANT ---------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. G.ANANTHAKRISHNA PILLAI, VAZHOTTUMELATHIL PUTHEN VEEDU, CHEMMAKATU, PANAYAM, KOLLAM. R1 BY PUBLIC PROSECUTOR SMT.ANEY PAUL R2 BY ADVS. SRI.VARGHESE C.KURIAKOSE SRI.PRAVEEN K. JOY THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 05/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs M.C.HARI RANI, J * * * * * * * * * * * * Crl.R.P.No.1668 of 2003 ---------------------------------------- Dated this the 5th 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 her to undergo simple imprisonment for three months and to pay Rs.40,000/- as compensation to the complainant under Section 357(3) Cr.P.C as per judgment dated 27/06/2001 in C.C.No.134/1998. The order of conviction and sentence was confirmed by the appellate court (vide judgment dated 09/05/2003 in Crl.A.No.140/2001). 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 her by the courts below for the offence under Section 138 of the Negotiable Instruments Act. The learned counsel also submitted that Rs.20,000/-, that is half of the cheque amount has already been deposited by the revision Crl.R.P.No.1668/03 2 petitioner before the trial court as ordered by this Court on 15/7/2003 while suspending the sentence as per order in Crl.M.A.No.7090/2003. The revision petitioner prays for three months time to pay/deposit the balance amount of compensation ordered by the courts below and to modify the sentence of simple imprisonment for three months to imprisonment till rising of court. 4. The disputed cheque in this case is for Rs.40,000/- dated 08/12/1997. 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 13 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 simple imprisonment for three months is modified to imprisonment till rising of court. Only the cheque amount of Rs.40,000/- has been ordered as compensation by the courts below. Considering the elapse of 13 years after the issuance of cheque, I find that the compensation Crl.R.P.No.1668/03 3 amount ordered by the courts below at Rs.40,000/- should be enhanced to Rs.47,500/-. The revision petitioner can be granted three months time to pay/deposit the balance amount of compensation of Rs.27,500/-, if Rs.20,000/- is already deposited by the revision petitioner as submitted by the learned counsel for the revision petitioner, and in default to undergo simple imprisonment for two months. 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. (c) But the sentence imposed is modified and reduced. In supersession of the sentence imposed on the petitioner by the courts below, she is sentenced to undergo imprisonment till rising of court. She is further directed under Section 357(3) Cr.P.C to pay/deposit the balance amount of Rs.27,500/- (Rupees twenty seven thousand five hundred only) as compensation within a period of three months and in default to undergo simple imprisonment for a period of two months. The amount in Crl.R.P.No.1668/03 4 deposit, if any, and the balance amount if deposited shall be released to the complainant on proper application. The petitioner shall have time till 05/07/2011 to pay/deposit the balance amount of compensation of Rs.27,500/- and thus avoid the default sentence. The petitioner shall appear and her sureties shall produce her before the learned Magistrate on 06/07/2011 for execution of the sentence. (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.1668/03 5 Crl.R.P.No.1668/03 6 Crl.R.P.No.1668/03 7 M.C.HARI RANI, J Crl.R.P.No.504 of 2001 ORDER Crl.R.P.No.1668/03 8 17th DAY OF JUNE 2001 Crl.R.P.No.1668/03 9