IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 Crl.Rev.Pet.No. 138 of 2003(B) ----------------------------------------- CRA.317/2001 of ADDL.SESSIONS COURT, PARAVUR CC.253/1998 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA REVN. PETITIONER: RESPONDENT/COMPLAINANT: ----------------------------------------- P.D. VARGHESE, S/O. DEVASSY, PALLIPPAT HOUSE, CHAMPANNOOR KARA, ANGAMALY VILLAGE. BY ADV. SRI.DINESH R.SHENOY SRI.P.J.ELIAS RESPONDENTS: APPELLANT/ACCUSED: ------------------------------- 1. MOLLY, W/O. SKARIA, CHUNGATH HOUSE, VATTEKKADU, MOOKKANNOOR P.O., ANGAMALY VILLAGE. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADV. SRI.P.T.SEBASTIAN FOR R1 SRI.K.M.SUBAIR FOR R1 PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. GIRI, J. ----------------------------------------------- Crl.Revision Petition No.138 of 2003 ----------------------------------------------- Dated this the 28th day of August, 2008 O R D E R The complainant in C.C.253/1998 of Judicial First Class Magistrate Court II, Aluva is the petitioner herein. The complaint was instituted alleging that the accused had issued Ext.P1 cheque for an amount of Rs.35,000/- and the same was dishonoured for want of sufficient funds. The accused failed to make payment in spite of statutory notice and hence, the complaint. 2. On appreciation of evidence, the trial court found that the complainant had committed the offence punishable under Section 138 of the Negotiable Instruments Act. The accused was, therefore, found guilty of the said offence and sentenced to undergo simple imprisonment for two months and pay a fine of Rs.1,000/- with default sentence of 15 days. Crl.R.P. No.138/2003 - 2 - 3. The accused preferred Criminal Appeal No.317/2001 before the Additional District and Sessions Judge, North Paravoor. 4. The appellate court confirmed the conviction, but altered the sentence by dispensing with the sentence of imprisonment and requiring the accused to pay a fine of Rs.5,000/-. 5. Apparently, the accused has accepted the judgment. Complainant has come up in revision contending that if the appellate court thought it fit to alter the sentence by deleting the sentence of imprisonment, it should have also considered and issued a suitable direction to the accused to pay compensation under Section 357(3) of Cr.P.C. Reference is made in this regard to the judgment of the Supreme Court in AIR 2002 SC 682. 6. Having heard the learned counsel for the petitioner and having perused the records and the Crl.R.P. No.138/2003 - 3 - judgments of the courts below, I am satisfied that the complainant is justified in feeling aggrieved by the sentence, which has been imposed by the appellate court or rather the failure on the part of the appellate court in issuing a direction to the accused to pay the compensation in terms of Section 357(3) of Cr.P.C. The cheque was issued for an amount of Rs.35,000/-. The case of the complainant was concurrently accepted by the courts below. The accused has, apparently, accepted the finality of the judgment. No circumstances are pointed out by the appellate court to refrain from directing payment of compensation. 7. Under such circumstances, the Criminal Revision Petition is allowed in part. The sentence imposed on the accused is modified to the following effect:- i. The accused shall suffer imprisonment till rising of the court for the offence punishable under section 138 of Negotiable Instruments Act. Crl.R.P. No.138/2003 - 4 - ii. The accused shall pay an amount of Rs.35,000/- as compensation to the complainant under Section 357(3) of Cr.P.C. The compensation amount shall be deposited within a period of three months from today. The complainant shall present before the court on 22-9-2008 and shall produce a copy of this judgment. The court below shall summon the accused to suffer the sentence of imprisonment, as directed in this judgment and will take further steps, in accordance with law. V. GIRI, JUDGE skr