A.M. Poulose v. P.U. Joseph & State of Kerala

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: M.C. Hari Rani
Judgment Date: 2011-06-03
Court Decision / Holding: This revision petition is allowed in part. The impugned concurrent verdict of guilty and conviction under Section 138 NI Act is confirmed. The sentence to undergo SI till rising of the court and to pay Rs.50,000 under Section 357(3) Cr.P.C is also confirmed. The 1st respondent is directed to pay/deposit the Rs.50,000 within two months from today and, in default, to undergo SI for two months. The amount deposited shall be released to the complainant on proper application. The Magistrate is directed to issue notices for appearance of the 1st respondent and his sureties to secure execution of the sentence before any warrants are issued.
Final Disposition: This revision petition is allowed in part.

Parties to the Case

Appellants / Petitioners

A.M. Poulose

Respondents

P.U. Joseph
State of Kerala

Legal Representation & Advocates

Counsels for Petitioners

• Sri M.G. Karthikeyan
• Sri Nireesh Mathew

Counsels for Respondents

• Sri Puzhakkara Muhammed
• Sri K.M. Kurian

Case Synopsis & Summary

This is a Criminal Revision Petition filed by the complainant, A.M. Poulose, challenging the judgment of the Judicial First Class Magistrate, Kothamangalam, convicting P.U. Joseph under Section 138 of the Negotiable Instruments Act and sentencing him to undergo simple imprisonment till rising of the court and to pay Rs.50,000 as compensation under Section 357(3) Cr.P.C. The trial court held him guilty under Section 138 NI Act and awarded the prescribed sentence, noting that the compensation amount would be paid to the complainant under Section 357(1). The revision petitioner argued that the default sentence was not awarded and, relying on Vijayan v. Sadanandan.K (2009) 6 SCC 652, contended that the court has jurisdiction to add a default sentence when compensation under Section 357(3) Cr.P.C. is awarded. The High Court of Kerala, in hearing on 3 June 2011, allowed the revision in part: the conviction under Section 138 NI Act is confirmed, as is the sentence under Section 357(3) Cr.P.C. However, it modified the sentence by directing the accused to pay/deposit Rs.50,000 within two months and, if in default, to undergo two months of simple imprisonment. The court noted there was no need to apply the Probation of Offenders Act. The Magistrate is to issue notices to secure appearance and execution of the sentence. The revision petition was thus partly allowed, preserving conviction and compensation while adjusting the payment timetable.

Provisions of Law Cited

Section 138 of the Negotiable Instruments ActSection 255(2) Cr.P.CSection 357(3) Cr.P.CSection 357(1) Cr.P.CProbation of Offenders Act

Submissions & Arguments

Contentions of Appellants / Petitioners

The revision petitioner argued that under Section 357(3) Cr.P.C. the court has jurisdiction to award a default sentence of imprisonment in addition to the compensation, citing Vijayan v. Sadanandan.K (2009) 6 SCC 652; prayed for reconsideration of the sentence and imposition of a default sentence.

Contentions of Respondents

Not explicitly stated in the document.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Vijayan v. Sadanandan.K	(2009) 6 SCC 652	Positive	The High Court relied on Vijayan to support the proposition that a default sentence could be imposed for non-payment of compensation under Section 357(3) Cr.P.C., and incorporated that principle into its modification of the sentence.

Extracted Judgment Text

Exact text extracted from official judgment records.

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. 48 of 2010() ---------------------------- CC.317/2006 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KOTHAMANGALAM .................... REVN. PETITIONER/COMPLAINANT: -------------------------------------- A.M. POULOSE, S/O. MATHEW, ANTHINATTUKUDIYIL HOUSE, INCHOOR KARA, KOZHIPPILLI P.O., KOTHAMANGALAM. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENTS/ACCUSED & STATE --------------------------------------- 1. P.U. JOSEPH, S/O. ULAHANNAN, PUNNEKOTTAYIL HOUSE, KOZHIPPILLI P.O., KOTHAMANGALAM. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED SRI.K.M.KURIAN FOR R1 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.48 of 2010 --------------------------------Dated this the 3[rd] day of June 2011 ## **O R D E R** The revision petitioner herein is the complainant in C.C.No.317/06 on the file of the Judicial First Class Magistrate Court, Kothamangalam who is challenging the sentence passed by the court below for the reason that no default sentence is awarded against the 1[st] respondent/accused who was found guilty for the offence under Section 138 of the Negotiable Instruments Act and also sentenced to undergo S.I till rising of the court and to pay compensation of Rs.50,000/- to the complainant u/s.357(3) Cr.P.C. As per the impugned judgment dated 21/11/2009, it was also ordered by the learned Magistrate that the compensation amount, if realised, shall be paid in full to the complainant as compensation under Section 357(1) Cr.P.C. The accused has not challenged the conviction and sentence passed against him, submitted by the learned counsel for the revision petitioner. 2. Heard the learned counsel for the revision petitioner/complainant and the learned Public Prosecutor. 2 Crl.R.P.No.48/10 3. The trial court, after considering the evidence adduced on the side of the complainant as PW1 and the documentary evidence of Exts.P1 to P10, found the accused guilty of the offence under Section 138 of the Negotiable Instruments Act and the accused was convicted for the said offence under Section 255(2) Cr.P.C as stated in the judgment dated 21/11/2009. After considering the facts and circumstances of the case, it was found by the learned Magistrate that there was no reason to invoke the benevolent provisions of Probation of Offenders Act. The learned counsel relying on the decision reported in **Vijayan v. Sadanandan.K [(2009) 6 SCC 652]** submitted that while awarding compensation under Section 357 (3) Cr.P.C the court is within its jurisdiction to add a default sentence of imprisonment which was not ordered in the present case. So, it is prayed for re-consideration of the sentence by awarding default sentence also. 4. In the circumstances, to meet the ends of justice in the present case and by exercising the power of revision I am inclined to modify the sentence to the extent of granting two months time to the 1[st] respondent/accused to pay/deposit the compensation amount of Rs.50,000/- as ordered by the trial court and in default to undergo simple imprisonment for two months. Crl.R.P.No.48/10 3 5. In the result, - a) This revision petition is allowed in part. b) The impugned concurrent verdict of guilty and conviction of the first respondent/accused under Section 138 of the Negotiable Instruments Act is confirmed. c) The sentence imposed on the 1[st] respondent/accused to undergo S.I till rising of the court and to pay a compensation of Rs.50,000/- to the complainant under Section 357(3) Cr.P.C is also confirmed. (d) The 1[st] respondent/accused is directed to pay/deposit the compensation amount of Rs.50,000/- within a period of two months from today and in default to undergo S.I for two months. The amount if deposited shall be released to the revision petitioner/complainant on proper application. The learned Magistrate is directed to issue notice for appearance of the 1[st] respondent/accused and also to his sureties to produce the 1[st] respondent/accused for execution of the sentence of imprisonment till rising of court imposed on the 1[st] respondent/accused before issuance of warrant against him. ## **(M.C.HARI RANI, JUDGE)** jsr // True Copy// PA to Judge Crl.R.P.No.48/10 4 Crl.R.P.No.48/10 5 Crl.R.P.No.48/10 6 **M.C.HARI RANI, J** Crl.R.P.No.504 of 2001 Crl.R.P.No.48/10 7 ORDER 17[th] DAY OF JUNE 2001 Crl.R.P.No.48/10 8