IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 Crl.Rev.Pet.No. 275 of 2003() ----------------------------- CRA.547/2000 of ADDL.SESSIONS COURT, NORTH PARAVUR CC.435/1997 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... REVN. PETITIONER(S): 1ST RESPONDENT/COMPLAINANT ----------------------------------------------- M.T. BABU (P.T. BABU), S/O. THOMAS, AGED 67 YEARS, RESIDING AT MULAVARICKAL HOUSE THURAVOOR P.O., ANGAMALY, ERNAKULAM DIST. BY ADV. SRI.P.GOPAKUMARAN NAIR RESPONDENT(S): APPELLANT/ACCUSED: ------------------------------------------------------ 1. MOLLY SCARIA, W/O.C.C. SCARIA, RESIDING AT CHUNGATH HOUSE, VATTEKKADU, MOOKKANNOOR P.O., ANGAMALY, ERNAKULAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.P.T.SEBASTIAN SRI.K.M.SUBIAR R2 BY PUBLIC PROSECUTOR SMT.PUSHPALATHA THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 20/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.R.P.NO.275 OF 2003 --------------------------------------------- Dated 20th July, 2010 O R D E R First respondent, the accused in C.C.435/1997 on the file of Judicial First Class Magistrate-II, Aluva was convicted and sentenced to simple imprisonment for three months and a fine of Rs.3,000/- for the offence under Section 138 of Negotiable Instruments Act. She challenged the conviction and sentence before Additional Sessions court, North Paravur in Crl.A.547/2000. Learned Additional Sessions Judge on re- appreciation of the evidence confirmed the conviction for the offence under Section 138 of Negotiable Instruments Act and CRRP 275/03 2 modified the sentence to fine of Rs.3,000/-. Complainant filed this revision challenging the sentence contending that it is only a flee-bite sentence and as the cheques are for Rs.30,000/- adequate compensation should have been awarded. 2. Learned counsel appearing for the revision petitioner was heard. 3. Section 138 of Negotiable Instruments Act as it stood at the time when learned Sessions Judge modified the sentence, provide for a sentence of imprisonment which may extend to one year or fine which may extend to twice the amount covered by the cheque or both. Learned Additional Sessions Judge found that Exts.P1 and P2 cheques for Rs.25,000/- and Rs.5,000/- were issued by the first respondent towards discharge of the CRRP 275/03 3 existing liability and they were dishonoured for want of sufficient funds. After confirming the conviction, the sentence was modified as follows "Appellant is an young lady. No previous conviction is proved against her. True, evidence reveal that two other cheques cases are pending against her. But in the circumstances of the case and considering the nature of the offence I am satisfied that fine of Rs.3,000/- is sufficient punishment" 4. As rightly argued by the learned counsel appearing for the petitioner, learned Sessions Judge unfortunately omitted to take note of the fact that the two dishonoured cheques are for Rs.30,000/- and when conviction is for the offence under Section CRRP 275/03 4 138 of Negotiable Instruments Act, normally adequate compensation is to be paid to the complainant. There is no case for first respondent that petitioner had instituted suit for realisation of the amount covered by the dishonoured cheques or that the amount covered by the dishonoured cheques were paid subsequently. In such circumstances, while taking a sympathetic view on the young lady, substantive sentence could not have been avoided. Learned Additional Sessions Judge should have awarded compensation to the appellant. Unfortunately, learned Sessions Judge modified the sentence to only a fine of Rs.3,000/- and that too without a default sentence, though cheques were for Rs.30,000/-. Sentence is definitely inadequate and unreasonable and warrants interference. CRRP 275/03 5 Revision is therefore allowed. Sentence awarded by the Additional Sessions Judge in Crl.A.547/2004 is modified. In supersession of the sentence awarded by the learned Additional Sessions Judge, first respondent is sentenced to imprisonment till rising of court and compensation of Rs.30,000/- (Rupees Thirty Thousand only) payable to petitioner/complainant and in default simple imprisonment for one month. Judicial First Class Magistrate-II, Aluva is directed to execute the sentence. M.SASIDHARAN NAMBIAR, JUDGE. uj.