IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 Crl.Rev.Pet.No. 1030 of 2011() ------------------------------------------- CRA.NO. 805/2007 of ADDL. SESSIONS COURT (ADHOC-2), THRISSUR CC.NO. 275/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------------------------------------- K.MOHAN PAUL, S/O.PAUL, KONIKARA HOUSE, AQUATIC COMPLEX LANE, ARISTO ROAD, MISSION QUARTERS, THRISSUR-5. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): COMPLAINANT AND STATE OF KERALA ------------------------------------------------------------------------------------- 1. SEJO JOSE, S/O.JOSEPH T.V., THERATTIL HOUSE, P.O.ARANATTUKARA, THRISSUR,PIN- 680 001 2. THE STATE OF KERALA, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, PIN-682 031. R2 BY PUBLIC PROSECUTOR SMT. REKHA.C.NAYAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 10/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V.K.MOHANAN, J ------------------------------- Crl.R.P.No.1030 of 2011 ---------------------------------------- Dated this the 10th day of June, 2011 ORDER The challenge in this Crl.R.P is against the conviction and sentence imposed on the revision petitioner, who is the accused in a prosecution for the offence under Section 138 of the Negotiable Instruments Act. 2. As this Court is not inclined to interfere with the order of conviction, the learned counsel for the revision petitioner submitted that the sentence imposed against the petitioner is unreasonable and hence the same may be set aside and the petitioner may be granted sufficient time to compensate the complainant. Having regard to the facts and circumstances involved in the case, I am of the view that the petitioner can be granted 45 days time to pay the fine amount. But it is relevant to note that the cheque in question is dated 10.12.2002, that too for an amount of Rs.17,000/-. Though the courts below have concurrently found that the cheque in question was issued towards the discharge of the liability that is due to the complainant, so far no amount is seen paid. The Honourable Apex Court in the decision reported in Damodar.S.Prabhu v. Sayed Babalal.H. (JT 2010(4) SC 457) has held that in the Crl.R.P.No.1030 of 2011 2 case of dishonour of cheques, the compensatory aspect of the remedy should be given priority over the punitive aspects. Therefore, considering the above settled legal position, I am of the view that the sentence of imprisonment ordered against the revision petitioner requires modification. But, at the same time, the interest of the complainant has also to be protected. In the result, this revision petition is disposed of confirming the conviction of the revision petitioner under Section 138 of the N.I. Act as recorded by the courts below. Accordingly, the sentence of imprisonment ordered against the revision petitioner is modified and reduced into one day simple imprisonment i.e., till the rising of the court. Since the substantial sentence is reduced substantially, the direction to pay compensation is set aside and the revision petitioner is sentenced to pay fine. Accordingly, the revision petitioner is sentenced to pay a fine of Rs.24,800/- within 45 days from today, failing which he is directed to undergo simple imprisonment for 2 months. Accordingly, the revision petitioner is directed to appear before the trial court on 25.7.2011 to receive the modified sentence of imprisonment and to pay the fine amount. If there is any failure on the part of the revision petitioner in appearing before the trial court as directed above, the trial court is free to take coercive Crl.R.P.No.1030 of 2011 3 steps against the revision petitioner to secure his presence and to execute the sentence and for realisation of the fine amount. On realisation of the fine amount a sum of Rs.24,000/- shall be paid to the complainant as compensation under Section 357(1) (b) of Cr.P.C. and the remaining of Rs.800/- shall be deposited in the State Exchequer. Coercive steps, if any, pending against the revision petitioner shall be deferred till 25th July, 2011. V.K.MOHANAN, JUDGE pm/