IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 Crl.Rev.Pet.No. 2539 of 2005() ----------------------------------------- CRA. NO.149/2005 OF THE SESSIONS COURT, ERNAKULAM. C.C. NO.265/2001 OF ADDL. CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM REVN. PETITIONER: APPELLANT IN CRL. APPEAL /ACCUSED IN C.C. ------------------------------ CHERIAN SAMUEL, MADAKEL HOUSE, PROVIDENCE ROAD, KOCHI-682 018. BY ADV. SRI.N.J.MATHEWS RESPONDENTS: COMPLAINANT IN C.C. AND 1ST RESPONDENT IN CR.APPEAL/ ----------------------- 2ND RESPONDENT IN CRL.APPEAL. 1. M/S.VERTEX SECURITIES LTD., 2ND FLOOR, THOTTATHIL TOWERS, MARKET ROAD, KOCHI-682 014, REPRESENTED BY SRI.EXECUTIVE C.J.THOMAS. 2. STATE OF KERALA, REPRESENTED BY DIRECTOR OF PROSECUTION, HIGH COURT OF KERALA. ADV. SRI.TOMY SEBASTIAN FOR R1 BY PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ........................................... CRL.R.P.NO. 2539 OF 2005 ............................................ DATED THIS THE 19th DAY OF SEPTEMBER, 2008 ORDER Petitioner was concurrently convicted for the offence under Section 138 of N.I Act. Though he was sentenced to simple imprisonment for one month and a fine of Rs.1,75,000/- with a direction to pay compensation of Rs.1,65,000/-, out of the fine amount in Crl.A.149 of 2005, learned Sessions Judge modified the sentence to imprisonment till rising of court. But the fine was enhanced to Rupees Two lakhs with a direction to pay Rs.1,95,000/- out of the fine amount as compensation to first respondent. The revision is filed challenging the conviction and sentence. 2. Learned counsel appearing for petitioner and first respondent were heard. 3. Learned counsel appearing for petitioner submitted that petitioner is challenging only the sentence and sentence was awarded by learned Magistrate before the amendment enabling the Magistrate to award a sentence of fine above Rs.5000/- and therefore the sentence awarded is illegal and it is to be modified. Learned counsel also submitted that because of financial conditions petitioner may be granted time to pay the amount. 4. Learned Sessions Judge has already modified the substantive CRRP 2539/2008 2 sentence to imprisonment till rising of court. In the revision filed by the accused that sentence cannot be enhanced. The argument is that as the sentence of fine was awarded prior to the amendment, and as the Magistrate could not have awarded a fine above Rs.5000/-, the sentence is illegal. But under Section 357(3) of Code of Criminal Procedure, Magistrate can award any amount as compensation irrespective of the limitation with regard to quantum of fine. Therefore the sentence awarded by learned Sessions Judge can be modified to compensation. 5. The revision petition is allowed in part. Petitioner is sentenced to imprisonment till rising of court and a compensation of Rupees Two lakhs to be paid to first respondent within three months from today under Section 357(3) of Code of Criminal Procedure. Learned counsel appearing for petitioner submitted that petitioner has already deposited Rs.50,000/- before the trial court. If so first respondent is entitled to withdraw that amount and petitioner need deposit only the balance amount of compensation. M.SASIDHARAN NAMBIAR, JUDGE lgk/-