IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 26TH NOVEMBER 2010 / 5TH AGRAHAYANA 1932 Crl.Rev.Pet.No. 1128 of 2003() ------------------------------ CRA.738/2001 of ADDL.SESSIONS COURT, (ADHOC-I), ERNAKULAM CC.172/1998 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED :- ------------------------------------------------------------------ K.C.HARIDAS, PROPRIETOR, JYOTHI ELECTRONICS AND HOME APPLICANCES, KODAKARA. BY ADV. SRI.SHEEJO CHACKO RESPONDENT(S)/RESPONDENTS/COMPLAINANT & STATE :- ------------------------------------------------------------------------------------- 1. KELTRON, ARCHANA, 43/257, 1ST FLOOR, SATHA TEMPLE ROAD, KOCHI-18. REPRESENTED BY K.RAJENDRAN, DEPUTY MANAGER, AREA SALES OFFICE, KOCHI. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI. ADV. SRI.M.C.JOHN, SC FOR R1 PUBLIC PROSECUTOR MR.PUZHAKKARA MUHAMED THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 29/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt M. L. JOSEPH FRANCIS, J. ~~~~~~~~~~~~~~~~~~ Crl.R.P. No:1128 of 2003 ~~~~~~~~~~~~~~~~~~ Dated this the 26th day of November 2010 O R D E R This Revision petition is filed by the accused in C.C. No.172 of 1998 on the file of Addl. Chief Judicial Magistrate, Economic Offences, Ernakulam challenging the conviction and sentence passed against him for the offence punishable under Section 138 of N.I. Act. The cheque amount was Rs.22,675/-. In the Trial Court, the accused was convicted and sentenced to undergo simple imprisonment for three months and to pay a fine of Rs.28,000/-. In default of fine, he shall undergo simple imprisonment for one month. If the fine amount is realised, Rs.26,000/- shall be given to the complainant towards cost and compensation under Sec.357(1) of Cr.P.C. In the appeal the sentence is modified to simple imprisonment for Crl.R.P. No:1128 of 2003 -: 2 :- one month and fine of Rs.26,000/-. In default of payment of fine the accused shall undergo simple imprisonment for one month. If the fine amount is realised Rs.26,000/- shall be paid to the complainant as compensation under Sec.357(1) of Cr.P.C. 2. I heard the learned counsel for the revision petitioner, learned counsel for the complainant and the public prosecutor. 3. The learned counsel appearing for the revision petitioner reiterated the same contention raised before the Trial Court and the appellate court. Learned counsel for the complainant supported the judgment of the court below. 4. The courts below have concurrently held that the cheque in question was drawn by the petitioner in favour of the complainant, that the complainant had validly complied with clauses (a) and (b) of the proviso to Section 138 of the N.I. Act and that the Revision petitioner/accused failed to make the payment within 15 days of receipt of the statutory Crl.R.P. No:1128 of 2003 -: 3 :- notice. Both the courts have considered and rejected the defence set up by the revision petitioner while entering the conviction. The said conviction has been recorded after a careful evaluation of the oral and documentary evidence. I do not find any error, illegality or impropriety in the conviction so recorded concurrently by the courts below and the same is hereby confirmed. 5. In the decision reported in Damodar S. Prabhu v. Sayed Babalal H (2010(2) KHC 428 (SC)), it was held that in a case of dishonour of cheques, compensatory aspect of the remedy should be given priority over the punitive aspect. Considering the facts and circumstances of the case, I am of the view that sentencing the accused to pay a fine of Rs.27,000/- would meet the ends of justice. The Revision petitioner is permitted either to deposit the said fine amount before the Court below or directly pay the compensation to the complainant within six months from today and to produce a memo to that effect before the Trial Crl.R.P. No:1128 of 2003 -: 4 :- Court in case of direct payment. If he fails to deposit or pay the said amount within the aforesaid period, he shall suffer simple imprisonment for three months by way of default sentence. The amount if any deposited in the trial court by the accused can be given credit to. 6. In the result, this Revision petition is disposed of confirming the conviction entered by modifying the sentence imposed on the revision petitioner. M. L. JOSEPH FRANCIS ( Judge) jvt/