IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 Crl.Rev.Pet.No. 666 of 2011() ----------------------------- CRA.383/2009 of ADDL. SESSIONS COURT (ADHOC), MAVELIKKARA CC.126/2007 of JUDL.MAGISTRATE OF FIRST CLASS, KAYAMKULAM .................... REVN. PETITIONER(S): REV.PETITIONER/APPELLANT/ACCUSED ----------------------------------------------------- RADHAMMA, AGED 56 YEARS, W/O.NARAYANAN, THUMBILIL HOUSE, NJAKKANAL MURI, KRISHNAPURAM VILLAGE, KAYAMKULAM, ALAPPUZHA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): RESPONDENTS/COMPLAINANT/STATE -------------------------------------------- 1. RAVEENDRANATH N. @ RAVEENDRAN , AGED 45 YEARS,S/O.SREENIVASAN, CHANDRIKA HOUSE, NJAKKANAL MURI, KRISHNAPURAM VILLAGE,.KAYAMKULAM, ALAPPUZHA DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.P.SREEKUMAR FOR R1 SRI.K.S.MANU (PUNUKKONNOOR) FOR R1 PUBLIC PROSECUTOR SRI.SABU SREEDHARAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 05/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J ------------------------------- Crl.R.P.NO.666 OF 2011 ------------------------------------------------- Dated this the 5th day of April, 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 submitted that a lenient view may be taken with respect to the sentence 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 said submission of the learned counsel requires positive consideration. 3. The cheque in question is dated 01.01.2007, that too, for an amount of Rs.1,25,000/-. Though the courts below have concurrently found that the amount is due to the complainant, so far no amount is seen paid and the petitioner seeks further time. The apex court, in its recent decision in Damodar S.Prabhu v. Sayed Babalal H (J.T.2010 (4) SC 457), has held that in a case of dishonour of cheques, compensatory aspect of the Crl.R.P.NO.666 OF 2011 2 remedy should be given priority over the punitive aspect. Considering the above facts and the settled legal position, I am of the view that especially the petitioner being a lady, the sentence imposed against her requires re-consideration and while granting some time to compensate the complainant, 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 by the trial court and modified by the appellate court is set aside. As the substantial sentence is set aside, the direction to pay compensation is set aside and the sentence is confined to fine only and accordingly, the petitioner is sentenced to pay a fine of Rs.1,43,750/- within 3 months from today and in default she is directed to undergo simple imprisonment for a period of 3 months. Accordingly, the revision petitioner is directed to deposit the above amount of fine on or before 5.7.2011. If there is any failure on the part of the revision petitioner in depositing the fine amount on or before 5.7.2011, the trial court is free to take steps to execute the sentence and for realisation of fine amount. On realisation of the Crl.R.P.NO.666 OF 2011 3 fine amount a sum of Rs. 1,40,000/- shall be paid to the complainant as compensation under Section 357(1)(b) Cr.P.C and the remaining of Rs.3,750/- shall be deposited in the State Exchequer. Coercive steps if any pending against the revision petitioner shall be deferred till 5th July, 2011. This Crl.R.P. is disposed of accordingly. V.K.MOHANAN, JUDGE pm