IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 Crl.Rev.Pet.No. 635 of 2011() ----------------------------- CRA.516/2009 of II ADDL. SESSIONS COURT, THIRUVANANTHAPURAM ST.1111/2006 of JUDICIAL FIRST CLASS MAGISTRATE COURT II, THIRUVANANTHAPURAM. .................... REVISION PETITIONER(S): APPELLANT/ACCUSED: -------------------------------------------------------------------------- S.R.PRASAD, TC 43/986 (4), KAMALESWARAM, MANACAUD (PO), THIRUVANANTHAPURAM. BY ADVS. SRI.SUMAN CHAKRAVARTHY, SMT. RIJA K.R. RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE: ----------------------------------------------------------------------------------------- 1. M/S.THIRUVITHAMCORE CO-OPERATIVE SOCIETY LIMITED NO.T.1530, FORT, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. V. TEKCHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.K.MOHANAN, J. --------------------------------------------- Crl.R.P.No. 635 of 2011 --------------------------------------------- Dated this the 1st day of March, 2011 O R D E R The accused in a prosecution for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act') approached this Court by preferring the above revision petition challenging his conviction and sentence, imposed as per judgments of the trial court as well as the lower appellate court. 2. As this Court is not inclined to interfere with the order of conviction, learned counsel for the revision petitioner submitted that some breathing time may be granted to the revision petitioner to pay the fine amount as ordered by the appellate court. Having regard to the facts and circumstances involved in the case, I am of the view that the said submission can be considered positively. 3. The cheque in question is dated 31.5.2006, that too for an amount of Rs.61,560/- . Thus, the amount is due for the last four years. The Honourable Apex Court in the decision Crl.R.PNO.635 of 2011 :-2-: reported in Damodar.S.Prabhu v. Sayed Babalal.H. [JT 2010(4) SC 457] has held that in the case of dishonour of cheques, the compensatory aspect of the remedy should be given priority over the punitive aspects. 4. Having regard to the above facts and legal position, I am of the view that while granting some time to the revision petitioner to pay the fine, the fine amount can be enhanced slightly so as to compensate the complainant effectively. In the result, this Criminal 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, while confirming the sentence of imprisonment as modified and fixed by the appellate court, the sentence of fine ordered by the appellate court is modified and accordingly, the revision petitioner is directed to pay a fine of `.73,000/- (Rupees Seventy Three Thousand only) within three months from today and in default, he is directed to undergo simple imprisonment for a period of two months. Accordingly, Crl.R.PNO.635 of 2011 :-3-: the revision petitioner is directed to appear before the trial court on 1st June,2011 to receive the modified sentence as ordered by the appellate court and to deposit the above enhanced fine amount. In case of any failure on the part of the revision petitioner in appearing before the trial court on the above date to receive the modified sentence fixed by the appellate court and to deposit the fine amount fixed by this Court, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence and to realise the fine. On realisation of the fine amount, a sum of Rs.70,000/- shall be paid to the complainant as compensation under Section 357(1)(b) of the Cr.P.C. and the remaining amount shall be deposited in the State Exchequer. Coercive steps, if any, pending against the revision petitioner shall be deferred till 1st June,2011. V.K.MOHANAN, Judge. MBS/