IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 Crl.Rev.Pet.No. 4387 of 2006() ------------------------------ CRA..672/2004 of ADDL. SESSIONS COURT, THRISSUR ST..5141/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... REVN. PETITIONER: APPELLANT/ACCUSED: ------------------------------------ P. SABARIGIRISAN, S/O. GOPALAKRISHNAN NAIR, PALAKKAD HOUSE, AZHAKAM, KODAKARA, THRISSUR DISTRICT. BY ADV. SRI.P.K.SAJEEV RESPONDENTS: RESPONDENTS/COMPLAINANT: ------------------------------------- 1. SHAJU T.G., S/O. GOPALAN T.A., THADATHIL HOUSE, KODAKARA, THRISSUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADV. SRI.RAJESH CHAKYAT PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 01/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` Crl.R.P. No. 4387 OF 2006 C ```````````````````````````````````````````````````` Dated this the 1st day of January, 2008 O R D E R This revision petition is filed against the verdict of guilty, conviction and sentence in a prosecution under Section 138 of the Negotiable Instruments Act, 1881. The sentence was modified by the appellate court. The cheque is for an amount of Rs.1,95,000/-. The petitioner now faces a sentence of simple imprisonment for a period of 15 days and to pay an amount of Rs.2,00,000/- as compensation and in default, to undergo simple imprisonment for a further period of six months. 2. When the matter came up for final hearing, the learned counsel for the petitioner submits that the petitioner is willing to settle the dispute but as the complainant is not available in India, he is not able to get the settlement worked out. He only prays appropriate modification of the sentence may be made and the petitioner may be saved of the trauma CRRP.4387/07 : 2 : of undergoing the substantive sentence of imprisonment. 3. The learned counsel for the respondent/complainant submits that the plight of the complainant may be taken note of. The complainant has been fighting this three tier legal battle from 1999. He may be adequately compensated, it is prayed. 4. Having considered all the relevant inputs, I am satisfied that the substantive sentence of imprisonment for a period of 15 days can be modified and reduced to imprisonment till rising of court. By way of compensation, the petitioner can be directed to pay an amount of Rs.2,20,000/-. The default sentence can also be upheld. Out of the amount of Rs.2,20,000/-, if realised, Rs.1,95,000/- shall be credited towards the principal amount payable under the cheque and the balance shall be credited to the expenses incurred for the three tier criminal litigation which the complainant was compelled to prosecute in this case. 5. This revision petition is accordingly allowed. The CRRP.4387/07 : 3 : substantive sentence of imprisonment is reduced to imprisonment till the rising of the court. The compensation amount directed to be paid is enhanced to Rs.2,20,000/- (Rupees two lakhs and twenty thousand only) and in default, the petitioner shall undergo simple imprisonment for a period of six months. Needless to say, the principal amount due under the cheque if paid as per this order shall be given due credit by the civil court when execution of the decree is undertaken. 6. It is submitted that an amount of Rs.50,000/- has been deposited before the court below by the petitioner as per the directions of this Court. The said amount shall be released forthwith to the complainant. (R.BASANT, JUDGE) aks