IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 Crl.Rev.Pet.No. 437 of 2011() ----------------------------- CRA.259/2008 of ADDL. DISTRICT & SESSIONS COURT(ADHOC)III, PATHANAMTHITTA ST.33/2007 of JUDL.FIRST CLASS MAGISTRATE'S COURT II, PATHANAMTHITTA .................... REVISION PETITIONER(S): APPELLANT/ACCUSED: ---------------------------------------------------------------------------- AJIKUMAR, S/O.LATE SIVAN PILLAI, RESIDING AT PADINJAREMURIYIL, CHERUKOL P.O., KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.B.S.SWATHY KUMAR, SMT.P.A.ANITHA, SMT.S.MEERA, SMT.M.G.AISHWARYA. RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------------------------------------ 1. T.PRASAD, S/O.THANKAPPAN NAIR, KAILATHU HOUSE, AYROOR SOUTH P.O., AYROOR VILLAGE, RANNY TALUK, PATHANAMTHITTA DISTRICT-689 611. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. V.TEKCHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 10/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.K.MOHANAN, J. --------------------------------------------- Crl.R.P.No. 437 of 2011 --------------------------------------------- Dated this the 10th day of February, 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. I find no reason to reject the above request. It is relevant to note that the cheque in question is dated 30.10.2006 that too for an amount of Rs.1,00,000/- and so far, no amount is paid to the complainant in spite of the findings and directions issued by the courts below. The Honourable Apex Court in the decision reported in Damodar.S.Prabhu v. Sayed Babalal.H. [JT 2010(4) SC 457] Crl.R.PNO.437 of 2011 :-2-: has held that in the case of dishonour of cheques, the compensatory aspect of the remedy should be given priority over the punitive aspects. 3. Having regard to the 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. 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 ordered by the appellate court, the fine amount is modified and enhanced to the tune of Rs.1,15,000/- (Rupees One Lakh Fifteen Thousand only) and accordingly, the revision petitioner is directed to pay the above fine amount within three months from today and it is made clear that the default sentence fixed by the appellate court will be attracted only in case of any default on the part of the Crl.R.PNO.437 of 2011 :-3-: revision petitioner in depositing the enhanced fine amount within three months from today. Accordingly, the revision petitioner is directed to appear before the trial court on 10th May,2011 to receive the sentence and to deposit the fine amount. In case of any failure on the part of the revision petitioner in appearing before the trial court to receive the sentence and to make the deposit of fine amount on the above date, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence. On realisation of the fine amount, the entire amount shall be paid to the complainant as compensation under Section 357(1)(b) of the Cr.P.C. Coercive steps, if any, pending against the revision petitioner shall be deferred till 10th May,2011. V.K.MOHANAN, Judge. MBS/