IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 Crl.Rev.Pet.No. 2428 of 2011() ------------------------------ CRA.924/2009 of ADDITIONAL DISTRICT & SESSIONS JUDGE FAST TRACK COURT NO.1, THRISSUR CC.180/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, VADAKKANCHERY .................... REVN. PETITIONER/ APPELLANT/ACCUSED -------------------------------------- K.M.HANEEFA,S/O.MUHAMMED,KOKKATH HOUSE, THALI DESOM,PILAKKAD VILLAGE,THALAPPILLY TALUK. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENTS/RESPONDENTS/ COMPLAINANT & STATE ---------------------------------- 1. T.A.MAMMIKKUTTY,S/O.ALAVIHAJI, THEYYAKKAT VALAPPIL,THALAPPILLY DESOM, THALAPPILLY VILLAGE, THALAPPILLY TALUK. 2. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.SEENA.R THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 13/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. --------------------------------------------- Crl.R.P. No.2428 of 2011 --------------------------------------------- Dated this the 13th day of October, 2010 ORDER Revision is by the accused who has been convicted of the offence under Section 138 of the Negotiable Instruments Act (for short N.I.Act), concurrently by the two courts below. 2. When the revision is taken up for consideration, the learned counsel for the revision petitioner/accused submitted that he has no argument on merits to assail the conviction but only as against the sentence, to seek modification of the substantive term of imprisonment, with a request to be made for grant of some more time to pay the compensation. Learned Magistrate, on conviction of the accused, sentenced him to undergo simple imprisonment for three months and also to pay compensation of Rs.26,500/- with default term of simple imprisonment for one month more. The Sessions Judge, in appeal, while confirming the conviction, has retained the sentence without any modification. Having regard to the fact that the offence involved is in relation to dishonour of a cheque, I find that in the absence of exceptional circumstances sentencing the drawer of that instrument for a term of Crl.R.P. No.2428 of 2011 2 imprisonment is not called for. The ends of justice would suffice by ordering compensation to complainant and limiting the punishment to imprisonment till rising of the court. Going through the judgments rendered by the learned Magistrate and also the learned Sessions Judge, I find no exceptional circumstance is made out in the case to justify the substantive term of imprisonment imposed against the accused. So much so, sentence imposed against him has to be modified till the rising of the court, retaining the compensation amount awarded reducing the default term thereof to simple imprisonment for 15 days. 3. So far as the request made by the counsel for further period to pay off the compensation awarded, prima facie, there is no merit, as it is seen, the cheque involved, the dishonur of which had given rise to prosecution and also the conviction of the accused, is dated 15.1.2008. However taking into account the submissions made by the counsel for the petitioner/ accused pointing out the present financial difficulties of the accused, some more time can be granted as indicated hereunder to pay the compensation. Crl.R.P. No.2428 of 2011 3 4. Affirming the conviction, substantive term of imprisonment imposed against the accused is modified and reduced to imprisonment till rising of the court, retaining the compensation awarded (Rs.26,500) but limiting the default term of simple imprisonment to 15 days. The petitioner is directed to appear before the Magistrate on 21.11.2011 to serve out the imprisonment till the rising of the court and to report the payment of compensation. The Magistrate is directed to keep in abeyance the execution of the sentence against the accused till the date fixed as above for his appearance, to enable him to pay the compensation within such period. In default of his appearance and non-payment of the compensation, the Magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision is disposed of. Sd/- S.S.SATHEESACHANDRAN, JUDGE. Rkc //True Copy// PA to Judge