IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 Crl.Rev.Pet.No. 1346 of 2001() ------------------------------ CRA.15/1999 of SESSIONS COURT, THRISSUR ST.3198/1996 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR .................... REVISION PETITIONER(S): 1ST RESPONDENT:COMPLAINANT: --------------------------------------------------------------------------------------------- E.J.CLEETUS, S/O.JOHN, ELUVATHINGAL HOUSE, ROSE GARDENS, PERINGAVU, THRISSUR DISTRICT. BY ADVS. MR.P.VIJAYA BHANU, MR.P.M.RAFIQ. RESPONDENT(S): APPELLANTS/ACCUSED AND STATE: ----------------------------------------------------------------------------------- 1. T.V. SASI, PROPRIETOR, T.K.V.LEATHER WORKS, WEST FORT, THRISSUR – 4. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADVS. MR.LLOYD JOSEPH VIVERA, MR.C.A.CHACKO. R2 BY PUBLIC PROSECUTOR SMT. PUSHPALATHA THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 27/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON CRL.M.P.NOS.6733/2001 & 1234/2002 IN CRRP.NO.1346/2001 DISMISSED 27/02/2009 SD/- S.S.SATHEESACHANDRAN, JUDGE /TRUE COPY/ P.S.TO JUDGE Kss S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.1346 of 2001 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 27th February, 2009 ORDER The complainant in S.T.No.3198/96 on the file of the Judicial Magistrate of First Class-II, Thrissur, has filed this revision. He filed the complaint against the first respondent for the offence punishable under Section 138 of the Negotiable Instruments Act (for short 'the N.I.Act'). The learned Magistrate after trial finding the accused guilty of the offence, convicted and sentenced him to undergo simple imprisonment for three months and to pay a fine of Rs.20,000/- with default term of simple imprisonment for three months more. Against the conviction and sentence, the accused preferred an appeal before the Sessions Court, Thrissur. The appellate court confirmed the conviction but modified the sentence to one of imprisonment till the rising of the court and payment of compensation of Rs.20,000/- to the complainant, without any default term. Questioning the legality, propriety and correctness of the modification made in the sentence in the appeal, the complainant has preferred this revision. 2. I heard counsel on both sides. The only point urged is the legality and correctness of the interference over the sentence passed by the trial court in appeal by the appellate court in modifying and Crl.R.P.No.1346/01 - 2 - setting aside the default term stipulated for non-payment of compensation. The appellate court, it is noticed, had set aside the term of imprisonment provided in default of non-payment of compensation, directing its recovery as provided by law. A mere direction for payment of compensation giving liberty to the respondent to proceed for its realisation in accordance with law may not serve any purpose. That part of the sentence has to be corrected providing default term of imprisonment in the event of non-payment of compensation. So much so, it is ordered that in the event of non- payment of compensation of Rs.20,000/-, the accused shall undergo simple imprisonment for two months. The counsel on both sides have expressed some doubts as to whether a part of the sentence had already been undergone by the accused after disposal of the appeal by the learned Sessions Judge. The counsel for the accused also submitted that a portion of the fine amount had been remitted, of which he is not quite certain. If at all the imprisonment till the rising of the court and any portion of the fine as ordered is remitted, the rest of the sentence alone need be executed. The accused shall pay whatever amount due as compensation as ordered within two months from the date of this order, and in default he shall undergo Crl.R.P.No.1346/01 - 3 - imprisonment as indicated above. He shall appear and his sureties shall produce him on 11.5.2009 before the Judicial Magistrate of First Class-II, Thrissur, who shall execute whatever portion of the sentence remaining to be executed as directed in this order. The revision is disposed of as above. srd S.S. SATHEESACHANDRAN, JUDGE