IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Crl.Rev.Pet.No. 2828 of 2011() ------------------------------ CRA.89/2010 of ADDL.SESSIONS COURT-III, KOZHIKODE ST.1596/2007 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOZHIKODE .................... REVN. PETITIONER/APPELLANT/ACCUSED ------------------------------------------------------------- SANURAJ A.R., S/O. RAMADAS, ALLURE HOUSE, BHOOTHANA COLONY P.O., PULPALLY, WAYANAD. BY ADVS. SRI. P. V. KUNHIKRISHNAN SRI. HANSON.P.MATHEW SRI. P. V. ANOOP RESPONDENTS/RESPONDNETS/COMPLAINANT/& STATE ---------------------------------------------------------------------------------- 1. MATHRUBHOOMI PRINTING & PUBLISHING COMPANY LTD. HAVING ITS OFFICE AT M.J. KRISHNA MOHAN MEMORIAL BUILDING, K.P. KESAVA MENON ROAD, KOZHIKODE – 673 001 REP. BY K. SREENIVASAN, S/O. V. KAILASAM, DEPUTY MARKETING MANAGER, CIRCULATION. 2. STATE OF KERALA, REP. PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT. SEENA RAMAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PN S.S.SATHEESACHANDRAN, J. ----------------------------------------------- Crl.R.P.No.2828 of 2011 ----------------------------------------------- Dated this the 2nd day of December, 2011 O R D E R Revision is by the accused, who has been convicted of the offence under Section 138 of the Negotiable Instruments Act, 1881 {for short ‘the Act’} concurrently by two courts below. Sentence imposed against the accused as modified by the Sessions Judge in appeal is simple imprisonment for 15 days with direction to pay fine of Rs.23,690/- with default term of simple imprisonment for two months. Fine, if realised, was directed to be paid to the complainant as compensation. 2. The revision coming up for consideration today, the learned counsel for the petitioner/accused submitted that he has no arguments on merits to assail the conviction, but only against the sentence for modification of the substantive term of imprisonment Crl.R.P.No.2828 of 2011 :: 2 :: imposed with a request to be be made for grant of some more time for payment of the fine. 3. Going through the judgments rendered by the learned magistrate and the learned Sessions Judge, I find that no special circumstance has been made out in the case to justify a harsh punishment to direct the incarceration of the accused for the term fixed for the offence under Section 138 of the Act. The liability arising under a dishonoured cheque primarily being a civil liability in the absence of special circumstance the outlook of the court in awarding sentence against an offender found guilty of an offence under Section 138 of the Act should be more to compensate the complainant than be punitive. In that view of the matter, the sentence imposed against the accused can be reduced to imprisonment till the rising of the court, retaining the fine amount with default Crl.R.P.No.2828 of 2011 :: 3 :: term of imprisonment, with such modification called for. Cheque involved in the case is dated 12.09.2009 and the sum covered by that instrument is Rs.23,690/-. When that be so, prima facie, there is no merit in the request made for further time fixed for payment of fine by the accused. However, having regard to the submissions made pointing out the extenuating circumstance, I find a short time, as indicated hereunder, can be provided to enable him to pay the fine, and, thus 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 fixed with the default term of imprisonment, but reduced to simple imprisonment for 15 days. Accused is directed to appear before the Crl.R.P.No.2828 of 2011 :: 4 :: magistrate on 30.01.2012, to serve out the imprisonment till the rising of the court and to report the payment of compensation. The magistrate shall keep in abeyance the execution of the 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 non-payment of the compensation, the magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision is disposed of as above. Sd/- (S.S.SATHEESACHANDRAN) JUDGE sk/- //true copy// P.S. to Judge.