K.C. Kuriyan vs V.P. Varunny and State of Kerala

M.C. Hari Rani, J.—This revision petition is filed against a concurrent verdict of guilty, conviction and sentence in a prosecution u/s 138 of the Negotiable Instruments Act. The trial court convicted and sentenced him to undergo simple imprisonment for three months and to pay a compensation of Rs. 1,40,000/- u/s 357(3) Cr.P.C and in default to undergo simple imprisonment for one month. That conviction has been confirmed by the appellate court and modified the sentence as to imprisonment till rising of court and to pay compensation ofRs.1,25,000/- to the 1st Respondent and in default to undergo simple imprisonment for two months. This has been challenged by the accused/revision Petitioner in this revision petition.

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

At the time of hearing of this revision petition the only argument advanced by the revision Petitioner is that the compensation awarded by the appellate court is excessive and the same may be reduced and also sought six months time to pay the compensation. The learned Counsel for the 1st Respondent argued that the compensation awarded by the appellate court has to be enhanced and more than 12 years time is elapsed after the issuance of the disputed cheque. The cheque amount is Rs. 95,000/- and the same was issued in the year 1998.

After considering the evidence on record, the appellate court has awarded compensation of Rs. 1,25,000/- and in default to undergo simple imprisonment for two months, which, according to me, is reasonable and the same can be confirmed. The prayer made by the learned Counsel for the revision Petitioner for time to pay the compensation amount can be allowed by limiting to three months.

In the circumstances, this revision petition is dismissed. Conviction and sentence as modified by the appellate court is confirmed. The revision Petitioner is given time till 09/05/2011 to pay the amount of compensation of Rs. 1,25,000/- (Rupees one lakh twenty five thousand only) and thus avoid the default sentence. If realised, the entire amount shall be released to the complainant on proper application. The Petitioner shall appear and his sureties shall produce him before the learned Magistrate on or before 10/05/2011 for execution of the sentence.