IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 Crl.Rev.Pet.No. 464 of 2011() ----------------------------------- CRA.831/2008 of SESSIONS COURT, THRISSUR CC.459/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR .................... PETITIONER/IST ACCUSED -------------------------------- K.V.SHAJI,AGED 37 YEARS,S/O.VELUKUTTY, KOTTILINGAL HOUSE,ADMINSTRATIVE MANAGER, MASTER COMPUTER CENTRE,PARTHAS BUILDING, ROUND SOUTH,TRICHUR-1. BY ADVS. SRI.KRISHNADAS P. NAIR SMT.K.L.SREEKALA RESPONDENT(S): RESPONDENTS/COMPLAINANT --------------------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM 31. 2. INVESTMENTS CHITS & GENERAL FINANCE(P) LTD,REP.BY MANAGING DIRECTOR,SIVANANDAN.I.K, S/O.LATE ILLICKAL KITTAPAYI,IRINJALAKUDA, MUKUNDAPURAM,REP.BY CHAIRMAN BABU.S.THRIVEDY. PIN - 680 121. R1 BY PUBLIC PROSECUTOR SMT.REKHA C. NAYAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs V.K.MOHANAN, J. - - - - - - - - - - - - - - - - - - - Crl. R.P. No.464 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of February, 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 his conviction and sentence, imposed as per judgments of the trial court as well as the lower appellate court. 2. I have heard learned counsel for the revision petitioner as well as counsel for the respondents. 3. As this court is not inclined to interfere with the order of conviction and sentence recorded by the courts below, the learned counsel for the revision petitioner submitted that the sentence of imprisonment ordered by the court below is highly exorbitant and unreasonable and he is further submitted that some more time may be granted to the revision petitioner to pay the compensation amount. Having regard to the Crl. R.P. No.464/2011 2 facts and circumstances involved in the case, I am of the view that, the said submission requires consideration. But at the same time, the interest of the complainant has to be protected, especially in the light of the decision reported in Damodar S.Prabhu v. Sayed Babalal .H. (JT 2010 (4) SC 457) has held that, in case of dishonour of cheques, the compensatory aspect of the remedy should be given priority over the punitive aspects. The cheque in question is dated 13.11.2002 for an amount of Rs.35,927/-. In the result, this revision petition is disposed of confirming the conviction of the revision petitioner under Section 138 of N.I Act as recorded by the court below and accordingly, while confirming the sentence of imprisonment, the compensation amount fixed by the appellate court is set aside and the revision petitioner is sentenced to pay a fine of `.46,000/-(Rupees Forty six thousand only) within one month from today and in case Crl. R.P. No.464/2011 3 of any default, the revision petitioner is directed to undergo simple imprisonment for a period of two months. Accordingly, the revision petitioner is directed to appear before the trial court on 14.03.2011, to receive the sentence of imprisonment ordered by the appellate court and to pay the fine amount fixed by this court. If there is any failure on the part of the revision petitioner in appearing before the court below and paying the fine amount on the date of appearance, the trial court is free to take coercive steps against the revision petitioner to secure his presence and to execute the sentence and for realisation of the fine amount. On realization of the fine amount, a sum of Rs.`,45,000/-(Rupees Forty five thousand only) shall be paid to the complainant as compensation under Section 357(1)(b) of Cr.P.C. and the remaining `.1,000/-(Rupees One thousand only) shall be deposited in the State Exchequer. The coercive steps if any pending against Crl. R.P. No.464/2011 4 the revision petitioner shall kept in abeyance till 14.03.2011. Revision petition is disposed of accordingly. Sd/- (V.K.MOHANAN), Judge ss/. //True Copy// P.A to Judge