IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 Crl.Rev.Pet.No. 2732 of 2011() ------------------------------------------ CRA.175/2008 OF ADDITIONAL DISTRICT & SESSIONS COURT (ADHOC) FAST TRACK-III, PATHANAMTHITTA CC.51/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, RANNY. .................... REVN. PETITIONER/APPELLANT/ACCUSED: --------------------------------------------------------------- RAMACHANDRALAL, PARACKAL HOUSE, KANAKAPALAM, ERUMELI BY ADV. SRI.K.ABDUL JAWAD, SRI.P.H.SHAJAHAN. RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------------------------------- 1. C.V. MATHEW, PROPRIETOR, C.V. MATHEW & CO., PAZHAVANGADI, RANNY-689 672. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. R2 BY PUBLIC PROSECUTOR SMT.SEENA R. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.2732 OF 2011 ----------------------------------------- Dated this the 24th day of November 2011 ORDER The revision is by the accused who has been convicted of the offence under Section 138 of the Negotiable Instruments Act (for short, NI Act), concurrently by the two courts below. He has been sentenced to undergo simple imprisonment for six months and to pay the cheque amount as compensation to the complainant with default term of simple imprisonment for three months more. 2. The learned counsel for the petitioner /accused submitted that he is not assailing the conviction, but, the sentence awarding the substantive term of imprisonment, seeking its modification, with a request for grant of some more time to pay the compensation to avoid the default term of imprisonment. 3. Going through the judgments rendered by the two courts below, I find, no special circumstance has been made out in the case justifying the imposition of a harsh punishment directing the incarceration of the accused for the term fixed, on his conviction for the offence under Section 138 of the NI Act. Liability arising under a dishonoured cheque is primarily a civil liability and that being so, in the absence of circumstances justifying a severe punishment directing Crl. R.P No.2732 OF 2011 2 imprisonment for a term against the offender found guilty of the offence under Section 138 of the NI Act, the outlook of the court in sentencing must be one to compensate the complainant than to be punitive. So much so, I find, substantive term of imprisonment imposed against the accused can be reduced to imprisonment till the rising of the court, retaining the compensation awarded with default term of imprisonment. A short time for payment of the compensation can also be provided to the accused to avoid the default term of imprisonment. 4. Affirming the conviction, sentence imposed against the accused is reduced to imprisonment till the rising of the court, retaining the compensation with default term of imprisonment fixed by the courts below. Petitioner shall appear before the magistrate on 22-12-2011 to serve out the imprisonment till the rising of the court, and to report payment of the compensation. The magistrate is directed to keep in abeyance the execution of sentence till the date fixed as above for his appearance, to enable him to pay the compensation within such period. In default of his appearance and nonpayment of the compensation, the magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision disposed of. Sd/- vdv S.S.SATHEESACHANDRAN, JUDGE //True Copy// P.A to Judge