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A.T. Raju vs Krishnan Unni, Aruvannoor Madam and State of Kerala

High Court Of Kerala · Decided on 16 February 2011 · Citation: (2011) 02 KL CK 0062

HON’BLE JUDGES
M.C. Hari Rani, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 357(3) · Negotiable Instruments Act, 1881 (NI) — Section 138
CASE NUMBER
Criminal Rev. Petition No. 561 of 2003 (C)
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Judgment

8 paragraphs · 492 words

M.C.Hari Rani, J.—The revision Petitioner stands convicted for the offence u/s 138 of the Negotiable Instruments Act. The trial court convicted and sentenced him to undergo simple imprisonment for two months and to pay compensation of Rs. 75,000/- and in default to undergo simple imprisonment for three months. The conviction was confirmed by the appellate court whereby the direction to undergo simple imprisonment for three months in default of payment of compensation was set aside. The conviction and sentence entered into by the trial court as such was confirmed which is challenged by the accused/revision Petitioner in this revision petition.

2.

Heard the learned Counsel for the revision Petitioner and the learned Counsel for the 1st Respondent. Heard the learned Public Prosecutor also.

3.

It is submitted by the learned Counsel for the revision Petitioner at the time of argument that the revision Petitioner is not challenging the concurrent finding of conviction entered against him by the courts below for the offence u/s 138 of the Negotiable Instruments Act. But he prayed that the sentence may be modified by directing the accused/revision Petitioner to undergo imprisonment till rising of court and also requested for some time to pay the compensation amount.

4.

The cheque amount is Rs. 75,000/- and the same is dated 09/03/1995. More than 15 years time is already elapsed after the issuance of the 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. I am inclined to modify the sentence by directing the revision Petitioner to undergo imprisonment till rising of court and enhancing the compensation to Rs. 82,500/-.

5.

In the result,

a) This revision petition is allowed in part.

b) The impugned concurrent verdict of guilty and conviction of the Petitioner u/s 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 revision Petitioner by the court below, he is sentenced to undergo imprisonment till rising of court. He is further directed u/s 357(3) Cr.P.C to pay an amount of Rs. 82,500/- (Rupees eighty two 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, if any already deposited by the revision Petitioner before the court below shall be given credit to towards the amount of compensation. If realised, the entire amount shall be released to the complainant on proper application. The sentence shall not be executed till 17/05/2011. The Petitioner shall have time till that date to pay the amount of compensation of Rs. 82,500/- and thus avoid the default sentence. The Petitioner shall appear and his sureties shall produce him before the learned Magistrate on 18/05/2011 for execution of the sentence.