IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 Crl.Rev.Pet.No. 2841 of 2011(A) -------------------------------------------- [THE JUDGMENT DTD. 01/06/2011 IN CRL.APPEAL NO.588/2009 OF ADDITIONAL DISTRICT & SESSIONS JUDGE (FAST TRACK COURT NO.1), THRISSUR ARISING FROM JUDGMENT DATED 31/07/2009 IN C.C. NO. 2649/2008 OF JUDICIAL 1ST CLASS MAGISTRATE COURT, IRINJALAKKUDA] ............ REVISION PETITIONER/APPELLANT/ACCUSED: -------------------------------------------------------------------- K.A. SHANAVAS, S/O. ABDUL RAZAK, KALAKKATTUKARA HOUSE, SALES MANAGER, AVIVA, DISTRICT SALES FORCE, AVIVA LIFE INSURANCE CO. INDIA PRIVATE LIMITED, 2ND FLOOR, CENTRE POINT, M.G. ROAD, THRISSUR. BY ADVS. SRI.P.SANTHOSH (PODUVAL), SMT.RAJITHA.R. RESPONDENT/RESPONDENT/STATE: ------------------------------------------------------ 1. ELSY BABU, W/O. AKKARAPPATTI BABU, PUDUKKAD.P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT - 680 001. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. T.R. RAJESH. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 03/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.2841 OF 2011 ----------------------------------------- Dated this the 3rd day of December 2011 ORDER Revision is by the accused who has been convicted of the offence under Section 138 of the Negotiable Instruments Act (for short, NI Act), concurrently by the two courts below. Sentence imposed against the accused, as affirmed by the learned sessions Judge in appeal, is simple imprisonment for one year with direction to pay the cheque amount, a sum of `.3,50,000/-, as compensation to the complainant with default term of simple imprisonment for a further period of six months. 2. When the revision came up for consideration today, the learned counsel for the petitioner submitted that he has no arguments on merits to assail the conviction, but, only against the sentence imposing substantive term of simple imprisonment for one year with a request to be made for grant of six months time to pay the compensation. The liability arising under a dishonoured cheque is primarily a civil liability. That being so, in the absence of special circumstances, an offender found guilty and convicted under Section 138 of the NI Act arising from the dishonour of a cheque need not be visited with a harsh punishment directing his incarceration for a term. Sentence of imprisonment till rising of court directing compensation to Crl. R.P No.2841 OF 2011 2 the complainant, the payee or the holder in due course, with default term of imprisonment would suffice the ends of justice. That being so, I find that the petitioner/accused, as against whom no special circumstance has been made out in the case to justify the harsh punishment imposed, can be directed to undergo imprisonment till the rising of the court, retaining the compensation awarded with the default term of imprisonment. So far as the request made by the counsel for grant of six months time for payment, I find, there is, prima facie, no bonafides in seeking further time for payment. Prosecution against the accused, on the dishonoured cheque, commenced as early in 2008 and the sum involved was `.3,50,000/. No part of the amount due to the complainant has been paid till date. Still, having regard to the submissions made by the counsel, I find, a short period, as indicated hereunder, can be provided to enable the accused to pay the compensation within such period to avoid the default term of imprisonment. 3. Affirming the conviction, the sentence imposed against the accused is reduced to imprisonment till the rising of the court, retaining the compensation awarded with the default term of imprisonment. Petitioner is directed to appear before the magistrate on 15-02-2012 to serve out the imprisonment till the rising of the Crl. R.P No.2841 OF 2011 3 court, and to report payment of compensation. Magistrate is directed to keep in abeyance the execution of sentence till the date fixed as above for his appearance. In default of his appearance and nonpayment of compensation within the above period, the magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision disposed of. vdv S.S.SATHEESACHANDRAN, JUDGE