IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 Crl.Rev.Pet.No. 2149 of 2010() ------------------------------ CRA.184/2009 of ADDL. SESSIONS COURT FAST TRACK (ADHOC-1), KOZHIKODE CC.673/1997 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... REVN. PETITIONER: APPELLANT/ACCUSED -------------------------------------------------------------- T.P.PRADEEP, S/O. BHASKARAN, AGED 49 YEARS, THEKKEPURAKKAL HOUSE, CHERUVANNUR, FEROKE P.O., KOZHIKODE, PIN-673 631. BY ADV. SRI.P.V.KUNHIKRISHNAN SRI.HANSON.P.MATHEW RESPONDENTS: RESPONDENT/COMPLAINANT & STATE --------------------------------------------------------------------------------- 1. M.VALSAN, S/O. VASU, KAITHAPADATH HOUSE, KARUVANTHIRUTHI P.O., FEROKE(VIA), KOZHIKODE, PIN-673631. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY P.P. SRI VENUGOPAL M.R. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 20/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl.R.P. No. 2149 of 2010 ---------------------------------------- Dated the 20th Day of July, 2010 ORDER The accused in a prosecution for the offence under section 138 of the Negotiable Instruments Act is the revision petitioner as he is aggrieved by the conviction and sentence imposed against him as per the impugned judgment. 2. The counsel for the revision petitioner fairly submitted that there is no contention of merit and the revision petitioner requires some time to pay the amount and his further grievance is only with respect to the sentence. 3. The allegation against the revision petitioner is that he had issued a cheque for Rs.35,000/- towards the discharge of the debt and the same was dishonoured and thereby committed the offence under section 138 of the NI Act. 4. On conviction, by judgment dated 2.2.2009 in C.C.No.673/1997, the trial court sentenced the revision CRL.R.P.NO.2149/10 -:2:- petitioner to undergo one week simple imprisonment and to pay a compensation of Rs.35,000/- to the complainant and the default sentence is fixed as two months simple imprisonment. Though an appeal was filed, by judgment dated 9.4.2010 in Crl.A.No.184/2009, the court of Addl.District and Sessions Judge Fast Track (adhoc-1), Kozhikode, dismissed the appeal and confirmed the conviction and sentence imposed by the court below. 5. As there is no contention on merit, I am of the view that the limited prayer of the petitioner can be considered favourably and accordingly, the conviction of the revision petitioner under section 138 of the NI Act as recorded by the trial court which confirmed by the lower appellate is confirmed. Accordingly, in modification of the sentence of imprisonment, the same is reduced and the revision petitioner is directed to undergo imprisonment for one day ,i.e. till the rising of court and he is further directed to pay a compensation of Rs.37,500/- to the complainant under section 357(3) Cr.P.C., within one month from today. If there is any CRL.R.P.NO.2149/10 -:3:- failure in paying the amount within the time, he is directed to undergo imprisonment for a further period of two months. Accordingly, the revision petitioner is directed to appear before the trial court on 30th August, 2010 to receive the sentence and to pay the compensation. If there is any default on the part of the revision petitioner in appearing before the trial court as directed above, the trial court is free to take coercive steps against the revision petitioner to secure his presence and for realisation of the amount. Coercive steps if any pending against the revision petitioner shall be deferred till 30.8.2010. The Crl.R.P. is disposed of accordingly. V.K.MOHANAN, JUDGE kvm/- CRL.R.P.NO.2149/10 -:4:- kvm/- O.P.No. JUDGMENT CRL.R.P.NO.2149/10 -:5:- Dated:..