IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 Crl.Rev.Pet.No. 1068 of 2002(B) ---------------------------------------- CRA.180/1999 of ADDL. SESSIONS COURT-II, MAVELIKKARA CC.296/1998 of JUDL.MAGISTRATE OF FIRST CLASS-II, CHENGANNUR .................... REVN. PETITIONER: APPELLANT/ACCUSED ------------------------------------------------------------- M.A.NASAR, S/O. ALIYAR KUNJU, MALICKALPARAMBIL HOUSE, KOTTAYAM. BY ADV. SMT.P.V.PARVATHY SRI.MOHAN JACOB GEORGE SMT.REENA THOMAS RESPONDENTS: RESPONDENTS/COMPLAINANTS ----------------------------------------------------------------------- 1. VARGHESE P.JACOB, S/O. JACOB, PAYYAMPALLIL HOUSE, VANMAZHI, PANDANADU, CHENGANNUR. 2. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA. BY PUBLIC PROSECUTOR SRI.JAI GEORGE. SRI.VARGHESE P.JACOB FOR R1 SRI.P.HARIDAS FOR R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 22/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - Crl. RP.No. 1068 of 2002-B - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of May, 2008. ORDER Petitioner who has been concurrently found guilty under Section 138 of the Negotiable Instrument Act by the trial court as well as the appellate court challenges the order of conviction and sentence passed against him. 2. The trial court sentenced the petitioner to undergo simple imprisonment for 6 months and to pay a fine of Rs.75,000/- and in default to suffer simple imprisonment for one month. It was directed that if the fine amount was realised, Rs.70,000/- shall be paid to the complainant as compensation under Section 357 of the Code of Criminal Procedure. 3. In appeal, the learned Sessions Judge while confirming the order of conviction, modified and reduced the sentence. Petitioner was directed to udergo simple imprisonment for 45 days and to pay a fine of Rs.5,000/- and in default of payment of fine to suffer imprisonment for 15 days. He was further directed to pay Rs.70,000/- as compensation to be paid to the complainant under Section 357(3) of the Code. 4. Though respondent/complainant has been served with notice through special messenger, he has not appeared either in person or through counsel. 5. I have heard learned counsel for the petitioner and perused the materials available on record. Learned counsel points out that Crl.RP.1068/2002. 2 the complainant has already obtained a decree against him for realisation of the amount covered under the cheque in question. A certified copy of the decree has been made available for my perusal. It is also brought to my notice that the said decree has been put in execution by the complainant before the Munsiff Court, Chengannur. It is also submitted that the petitioner has already deposited 50% of the cheque amount before the trial court pursuant to the direction issued by this Court while suspending the sentence. 6. In view of the above developments learned counsel submits that he does not propose to address the court on the merit of the case. He only prays that a lenient view may be taken in the matter of substantive sentence and some time may be granted to the petitioner to remit the balance amount of compensation. 7. Having regard to the peculiar facts and circumstances I am satisfied that the submission made by the learned counsel is only fair and reasonable. Therefore while confirming the order of conviction passed against the petitioner under Section 138 of the Act, the sentence imposed on him by the Sessions Court is modified. In supersession of the sentence of imprisonment of 45 days, petitioner is directed to suffer imprisonment till the rising of the court. Similarly, the direction to pay a fine of Rs.5,000/- is also set aside. Petitioner shall pay a sum of Rs.75,000/- as compensation to be paid to the complainant under Section 357(3) of the Code of Criminal Procedure. 8. Petitioner shall appear before the court below and remit the Crl.RP.1068/2002. 3 above sum of Rs.75,000/- on or before August 25, 2008. On his appearance, it shall be ensured by the learned Magistrate that he undergoes imprisonment till the rising of the court. If the petitioner fails to appear and remit the amount of compensation, he shall suffer simple imprisonment for 2 months. It is made clear that petitioner shall be liable to pay only the balance amount after adjusting the deposit, if any, made by him as directed by this Court in this case while suspending his sentence. It is also made clear that all payments made in this case shall be adjusted towards the decree amount, if it is based on Ext.P1 cheque. Crl.R.P is disposed of in the above terms. A.K. Basheer Judge. an.