IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 Crl.Rev.Pet.No. 1972 of 2003() ------------------------------ CRA.186/2001 of III ADDL. SESSIONS COURT, THRISSUR CC.189/1997 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR .................... REVN. PETITIONER(S): --------------------- BY ADV. SRI.JIJO PAUL SRI.BABU S. NAIR RESPONDENT(S): --------------- ADV. SRI.P.A.CHANDRAN FOR R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 27/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl. R. P. No. 1972 OF 2003 ORDER ON CRL. M.P. NO: IN CRL. R.P. NO.1972 OF 2003 DISMISSED. SD/- M.L.JOSEPH FRANCIS, JUDGE 27.01.2011 // TRUE COPY// PA TO JUDGE M. L. JOSEPH FRANCIS, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P. No:1972 of 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of January 2011 O R D E R This Revision petition is filed by the accused in C.C. No.189 of 1997 on the file of Judicial First Class Magistrate Court – II, Thrissur challenging the conviction and sentence passed against them for the offence punishable under Section 138 of N.I. Act. The cheque amount was Rs.50,000/-. In the Trial Court, the second accused was sentenced to undergo simple imprisonment for six months. Since the first accused is a firm represented by the second accused, no seperate sentence was awarded to the first accused. In the appeal the conviction was confirmed and the sentence of the second accused was modified to undergo simple imprisonment for two months and to pay a fine of Rs.55,000/- as compensation to the complainant, in default to undergo simple imprisonment for two months. 2. I heard the learned counsel for the revision petitioners, Crl.R.P. No:1972 of 2003 :2: learned counsel for the complainant and the public prosecutor. 3. The learned counsel appearing for the revision petitioners 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 petitioners/accused failed to make the payment within 15 days of receipt of the statutory notice. Both the courts have considered and rejected the defence set up by the revision petitioners 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 Crl.R.P. No:1972 of 2003 :3: 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 second accused to pay a fine of Rs.50,000/- would meet the ends of justice. The said fine shall be paid as compensation under Section 357(1) of Cr.P.C. The second accused is permitted either to deposit the said fine amount before the Court below or directly pay the compensation to the complainant within three months from today and to produce a memo to that effect before the Trial 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 petitioners. M. L. JOSEPH FRANCIS Crl.R.P. No:1972 of 2003 :4: ( Judge) dl/