IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 Crl.Rev.Pet.No. 1845 of 2011(Y) ----------------------------------------- CRA.141/2008 of SESSIONS COURT, WAYANAD, KALPETTA STC.1729/2007 of JUDL.MAGISTRATE OF FIRST CLASS-II, MANANTHAVADY .................... REVISION PETITIONER/APPELLANT/ACCUSED: FAIZAL.K.A, S/O. ABDULLA, AGED 35, KOMBI HOUSE, ELUMANNAM.P.O., AMBALAVAYAL, PANDIKADAVU(VIA), MANANTHAVADY. BY ADV. SRI.K.ANTONY JOSEPH RESPONDENTS/RESPONDENTS/COMPLAINANT AND STATE: 1. C.P.HASHIM, S/O.KUNHAYANKUTTY, AGED 25, T.K.HOUSE, KAYANI.P.O., MATTANOOR, KANNUR DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY ADV. SRI.SAKIR.K.H. FOR R1 PUBLIC PROSECUTOR SRI.SABU SREEDHARAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 12/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.Satheesachandran, J. ------------------------------------------- Crl.R.P.No.1845 of 2011 ------------------------------------------- Dated this the 12th day of August, 2011 ORDER The revision is by the accused convicted of the offence under Section 138 of the Negotiable Instruments Act, for short the N.I. Act, concurrently by the two inferior courts. Notice given, the respondent/complainant has entered appearance. When the revision came up for consideration, learned counsel for the petitioner/accused submitted that he has no arguments on merits against the conviction but only a challenge against the sentence imposing substantive term of imprisonment over and above directing payment of compensation to the complainant with the default term. 2. Going through the judgments rendered by the courts below, it is seen that the sentence awarded to the petitioner includes punishment of a prison term for a period of three months apart from directing payment of compensation of `.1,50,000/- with default term of simple imprisonment for six months. Considering the submissions made by the counsel on CRRP 1845/2011 2 both sides and looking into the judgments of both the courts below, I find that the case does not warrant imposition of a harsh punishment of incarceration of the accused for a prison term as awarded in the case. No exceptional circumstance is borne out from the facts present in the case to justify such a harsh punishment against the petitioner/accused. The dishonour of the cheque giving rise to the prosecution and ultimately leading to the conviction of the accused may very often be due to causes beyond the contemplation of the drawer at the time of making the instrument and handing it over. Taking note of that fact also, I find that the substantive term of imprisonment imposed against the petitioner can be reduced to imprisonment for a day, till rising of the court, retaining the direction to pay compensation but with a default term of imprisonment for three months. The sentence imposed against the petitioner/accused shall stand modify accordingly. Learned counsel for the petitioner submits that out of the compensation amount awarded, a sum of `.1,50,000/-, he has already deposited `.15,000/-. Whatever amount deposited during the pendency of the proceeding shall be given credit to and adjusted in the sum awarded. CRRP 1845/2011 3 3. Affirming the conviction, it is ordered that the sentence on the petitioner/accused shall stand modified as imprisonment for a day, till rising of the court directing payment of compensation of `.1,50,000/- with default term of simple imprisonment for three months. Petitioner is directed to appear before the Magistrate on 19.09.2011 to serve out the substantive term of imprisonment for a day, till rising of the court, and to report payment of compensation. Learned Magistrate is directed to keep in abeyance the sentence imposed against the petitioner till the aforesaid date. In default of his appearance and non payment of the compensation, learned Magistrate shall execute the sentence taking appropriate steps in accordance with law. The revision is disposed of. (S.S.Satheesachandran, Judge) tkv