IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 Crl.Rev.Pet.No. 271 of 2001() ----------------------------- CRA.47/1998 of SESSIONS COURT, MANJERI CC.450/1997 of JUDL.MAGISTRATE OF FIRST CLASS-II(FOREST OFFENCES), MANJERI .................... REVN. PETITIONER/APPELLANT/ACCUSED: --------------------- T.K.ABBAS, S/O.ALAVI, THEKKUMKKATTIL HOUSE, NELLIPARAMBA, MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR SMT.SMITHA BABU RESPONDENT & STATE: --------------- 1. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. V.P.AZEEZ, VALIYAPARAMBATH HOUSE, N.S.S.COLLEGE P.O., MANJERI, MALAPPURAM DISTRICT. ADV. SRI.K.M.SATHYANATHA MENON FOR R2 PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 27/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ---------------------- Crl.R.P.No.271 of 2001 ---------------------------------------- Dated this the 27th day of May 2009 O R D E R This revision petition is directed against a concurrent verdict of guilty and conviction in a prosecution under Section 138 of the Negotiable Instruments Act. The cheque is for an amount of Rs.40,000/-. It bears the date 03/10/2006. The complainant examined himself as PW1 and proved Exts.P1 to P6. The accused did not adduce any defence evidence. The signature in the cheque is admitted. Notice of demand though duly received and acknowledged did not evoke any response. The petitioner now faces a sentence of R.I for a period of one year and pay a fine of Rs.5,000/-. No direction for payment of compensation has been issued under Section 357(1) Cr.P.C. 2. Called upon to explain the nature of the challenge which the petitioner wants to mount against the impugned concurrent verdict of guilty and conviction, the learned counsel for the petitioner submits that he does not want to raise any contentions on merits against the verdict of guilty and conviction. The learned counsel for the petitioner prays that Crl.R.P.No.271/01 2 leniency may be shown on the question of sentence. That limited relief alone is pressed in this petition, submits the learned counsel for the petitioner. I find merit in the prayer for leniency. I have already adverted to the principles governing imposition of sentence in a prosecution under Section 138 of the N.I.Act in the decision in Anilkumar vs.Shammi [2002(3)KLT 852]. In the facts and circumstances of the case, I find no compelling reasons which can persuade this court to insist on imposition of any deterrent substantive sentence of imprisonment. Leniency can be shown to the petitioner but subject only to the compulsion of adequately and fairly compensating the victim who has now been compelled to fight three rounds of legal battle and to wait from 1996 for the redressal of his grievances. The challenge can succeed only to the above extent. 3. In the result: a) This revision petition is allowed in part. b) The impugned verdict of guilty and conviction of the petitioner under Section 138 of the N.I.Act are upheld. c) But the sentence imposed is modified and reduced. In supersession of the sentence imposed on the petitioner by the courts below, he is sentenced to undergo imprisonment till rising Crl.R.P.No.271/01 3 of court. He is further directed under Section 357(3) Cr.P.C to pay an amount of Rs.60,000/- (Rupees sixty thousand only) as compensation and in default, to undergo S.I for a period of three months. If the compensation amount is not paid directly and recovered through court, the entire compensation amount shall be released to the complainant. 4. The petitioner shall have time till 29/06/2009 to appear before the learned Magistrate and suffer the modified sentence imposed. The modified sentence shall not be imposed till that date. The petitioner shall appear and his sureties shall produce him before the learned Magistrate on or before 29/06/2009 to serve the modified sentence hereby imposed. (R.BASANT, JUDGE) jsr Crl.R.P.No.271/01 4 Crl.R.P.No.271/01 5 R.BASANT, J Crl.R.P.No.271 of 2001 ORDER 27th DAY OF MAY 2009