IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 Crl.Rev.Pet.No. 849 of 2011() ----------------------------- CRA.483/2009 of ADDL.SESSIONS COURT, FAST TRACK-I, ALAPPUZHA CC.61/2009 of JUDL.MAGISTRATE OF FIRST CLASS-II ,ALAPPUZHA .................... REVN. PETITIONER(S): REVISION PETITIONER/APPELLANT/ACCUSED. ----------------------------------------------------------- RAMADEVI, 41 YEARS, W/O. JAYAPPAN, CHITTEZHATHU HOUSE, NEAR ARCHANA JUNCTION, AVALOOKKUNNU P.O., ALAPPUZHA. BY ADV. SRI.P.KRISHNA KUMAR (ALAPPUZHA) SRI.SUNIL J.CHAKKALACKAL RESPONDENTS: RESPONDENTS/COMPLAINANTS & STATE. ------------------------------------------------ 1. RAJESH KUMAR, 33 YEARS, S/O. RAMA KRISHNA PILLAI, VADAKKECHANDRAMANGALAM, GURUPURAM, AVALOOKKUNNU P.O., ALAPPUZHA - 688 006. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI V. TEK CHAND. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- Crl.R.P.No. 849 of 2011 --------------------------------------------- Dated this the 24 th day of March, 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 her 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 the petitioner being a lady, the sentence of imprisonment awarded by the courts below may be reconsidered and the petitioner may be granted time to compensate the complainant. Having regard to the facts and circumstances involved in the case, I am of the view that the above submission of the learned counsel Crl.R.PNO.849 of 2011 :-2-: requires positive consideration, especially in the light of the fact that the petitioner is a lady. 3. The Honourable Apex Court in the decision reported in Damodar.S.Prabhu v. Sayed Babalal.H. [JT 2010(4) SC 457] has held that in the case of dishonour of cheques, the compensatory aspect of the remedy should be given priority over the punitive aspects. Considering the fact that the petitioner is a lady and the amount involved is Rs.45,000/-, according to me, the sentence of imprisonment ordered against the revision petitioner requires reconsideration. But at the same time the interest of the complainant is also to be protected. 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, the sentence of Crl.R.PNO.849 of 2011 :-3-: imprisonment ordered by the trial court and confirmed by the appellate court is set aside and the sentence is confined to fine only. Accordingly, the revision petitioner is sentenced to pay a fine of Rs.49,500/- within three months from today and, in default, to undergo simple imprisonment or three months. Accordingly, the revision petitioner is directed to deposit a sum of Rs.49,500/- (Rs.forty nine thousand five hundred only) in the trial court on or before 24 th June, 2011. In case of any failure on the part of the revision petitioner in making the deposit of fine amount on or before 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 and for realisation of the fine amount. On realisation of the fine amount, a sum of Rs.48,000/- shall be paid to the complainant as compensation under Section 357(1)(b) of Crl.R.PNO.849 of 2011 :-4-: the Cr.P.C. and the remaining amount of Rs.1500/-shall be deposited in the State Exchequer. Coercive steps, if any, pending against the revision petitioner shall be deferred till 24 th June, 2011. V.K.MOHANAN, Judge. kvm/-