IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 Crl.Rev.Pet.No. 472 of 2011(D) ----------------------------- CRA.211/2008 of ADDL. SESSIONS COURT FAST TRACK COURT NO.III, PATHANAMTHITTA CC.119/2008 of J.F.M.C, RANNI .................... REVISION PETITIONER/APPELLANT/ACCUSED ---------------------------------------------------------- SATHEESH KUMAR, 30 YEARS, S/O.VIJAYAN, THADATHIL HOUSE, CHITTAR P.O., RANNI TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH SRI.PRAKASH KESAVAN RESPONDENTS : RESPONDENT/COMPLAINANT ------------------------------------- 1. SINDHU JAYAKUMAR, VATTAKALYIL HOUSE, PULAYANPARA, VAYATTUPPUZHA, CHITTAR RANNI TALUK, PATHANAMTHITTA DIST. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SMT.REKHA C.NAYAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ------------------------------------ Crl.R.P No.472 of 2011 ------------------------------------- Dated this the 17th day of February, 2011 O R D E R The challenge in this revision petition is against the conviction and sentence imposed on the revision petitioner, who is the accused in a prosecution for the offence under Sect 138 of the Negotiable Instruments Act. 2. As this Court is not inclined to interfere with the order of conviction and the sentence, the learned counsel submitted that the sentence of imprisonment imposed against the petitioner is unreasonable and exorbitant and the petitioner is ready to compensate the complainant provided he is given some breathing time for the same. 3. Admittedly the cheque in question is dated 25.11.2006, that too for an amount of Rs.50,000/-, which is due from the accused to the complainant for the last 5 years. In Damodar S.Prabhu v. Sayed Babalal H. [JT 2010(4) SC 457], the apex court court has held that in the matter of dishonour of cheques, the compensatory aspect of the remedy should be given priority over the punishment provisions. In the light of the above Crl.R.P No.472 of 2011 2 settled legal position and the facts indicated above, I am of the view that the submission of the learned counsel requires serious consideration and the sentence of imprisonment ordered by the court below can be modified and at the same time the compensation can be converted into a fine. In the result, this revision petition is disposed of confirming the conviction against the revision petitioner under Section 138 of the Negotiable Instruments Act as recorded by the courts below. Accordingly in modification of the sentence of imprisonment ordered by the courts below, the sentence is reduced into one day's simple imprisonment that till the rising of court. In addition to that setting aside the direction to pay compensation, the revision petitioner is sentenced to pay fine of Rs.52,500/- (Rupees Fifty two thousand five hundred only) within one month from today and in default he is directed to undergo S.I for a period of three months. Accordingly the revision petitioner is directed to appear before the trial court on 18.03.2011 to receive the modified sentence of imprisonment and to deposit the fine amount of Rs.52,500/-. If there is any failure on the part of the revision petitioner in appearing before the court below and to deposit the fine amount on that day, the Crl.R.P No.472 of 2011 3 trial court is free to take coercive steps against the revision petitioner 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.50,000/- (Rupees Fifty thousand only) shall be paid to the complainant as compensation under Section 357(1)(b) Cr.P.C and the remaining sum of Rs.2,500/- (Rupees Two thousand and five hundred only) shall be deposited in the State Exchequer. The coercive steps, if any, pending against the revision petitioner shall be deferred till 18.03.2011. (V.K.MOHANAN, JUDGE) rtr/-