IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S. SATHEESACHANDRAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Crl. Rev. Pet. No. 2835 of 2011(D) JUDGMENT IN Crl. APPEAL No:345/2010 OF THE COURT OF THE ADDITIONAL SESSIONS JUDGE, PALAKKAD DIVISION AT OTTAPPALAM DATED 20/10/2011 AGAINST JUDGMENT IN S.T. NO: 197/2008 OF THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT - II, OTTAPALAM DATED 19/05/2010. ......................................... REVN. PETITIONER/APPELLANT/ACCUSED:- K.RAMESH @ RAMESH BABU, S/O. LATE KUMARAN, AGED 38 YEARS, KULANGARA HOUSE, KALLIPADAM POST, SHORNUR, OTTAPALAM TALUK. BY ADVS. SMT. T.D. RAJALAKSHMI SRI. R. SREEHARI RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE:- 1. C.PADMANABHAN, S/O.VELU, KARAKKAD AMSOM, ERUPPA DESOM, OTTAPALAM TALUK, PALAKKAD DISTRICT, (PROPRIETOR, UNITED INDUSTRIES, KAVALAPARA 679 523). 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT. KOCHUMOL KODUVATH THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SP Crl. Rev. Pet. No. 2835 of 2011(D) APPENDIX PETITIONER'S APPENDIX:- NIL RESPONDENTS' APPENDIX:- NIL //TRUE COPY// P.A TO JUDGE. SP S.S.SATHEESACHANDRAN, J. ----------------------------------------------- Crl.R.P.No.2835 of 2011 ----------------------------------------------- Dated this the 2nd day of December, 2011 O R D E R Revision is by the accused, who has been convicted of the offence under Section 138 of the Negotiable Instruments Act, 1881 {for short ‘the Act’} concurrently by two courts below. Sentence imposed against the accused as affirmed by the Sessions Judge in appeal is simple imprisonment for three months with direction to pay compensation to the complainant, the cheque amount of Rs.79,226/- with default term of simple imprisonment for 15 days. 2. The revision coming up for consideration today, the learned counsel for the petitioner/ accused submitted that he has no arguments on merits to assail the conviction, but only against the substantive term of imprisonment imposed with a Crl.R.P.No.2835 of 2011 :: 2 :: request to be be made for grant of three month's time for payment of the compensation and thus, to avoid the default term of imprisonment. 3. Going through the judgments rendered by the learned magistrate and the learned Sessions Judge, I find that no special circumstance has been made out in the case to justify a harsh punishment to direct the incarceration of the accused for the term fixed for the offence under Section 138 of the Act. The liability arising under a dishonoured cheque primarily being a civil liability, where no special circumstance is made out for imposition of a severe punishment, I find, the outlook of the court should be more to compensate the complainant than be punitive. In that view of the matter, I find, the substantive term of imprisonment imposed against the accused can be reduced to imprisonment till the Crl.R.P.No.2835 of 2011 :: 3 :: rising of the court, retaining the compensation fixed with the default term of imprisonment. A short time also can be granted to enable him to pay the compensation and, thus avoid the default term of imprisonment. 4. Affirming the conviction, sentence imposed against the accused is reduced to imprisonment till the rising of the court, retaining the compensation fixed with the default term of imprisonment. Accused is directed to appear before the magistrate on 15.02.2012, to serve out the imprisonment till the rising of the court and to report the payment of compensation. The magistrate shall keep in abeyance the execution of the sentence till the date fixed as above for his appearance, to enable him to pay the compensation within such period. In default of his appearance and non-payment Crl.R.P.No.2835 of 2011 :: 4 :: of the compensation, the magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision is disposed of as above. Sd/- (S.S.SATHEESACHANDRAN) JUDGE sk/- //true copy// P.S. to Judge.