IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 Crl.Rev.Pet.No. 1830 of 2011() ------------------------------------------- CRA.168/2009 OF ADDITIONAL DISTRICT & SESSIONS COURT (FAST TRACK-I), THIRUVANANTHAPURAM. ST.85/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-X, THIRUVANANTHAPURAM. .................... REVN. PETITIONER/APPELLANT/ACCUSED ---------------------------------------------------------------- K.M. CHANDRAN, FIREMAN-B, QUARTERS NO.B-133, V.S.S.C HOUSING COLONY, ST.XAVIER'S COLLEGE (PO), PALLITHURA, THIRUVANANTHAPURAM-695 586. BY ADV. SRI.G.P.SHINOD, SRI.RAM MOHAN.G. RESPONDENTS/RESPONDENTS/STATE AND COMPLAINANT ----------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA AT ERNAKULAM-682 031. 2. ABDUL AZEEZ, ANZIL MANZIL, ALL SAINTS COLLEGE, BEACH (PO), THIRUVANANTHAPURAM-695 021. R1 BY PUBLIC PROSECUTOR SMT.SEENA R. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 21/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.1830 OF 2011 ----------------------------------------- Dated this the 21st day of November 2011 ORDER The 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. Notice was ordered to the 2nd respondent/complainant. Question of sentence imposed against the accused alone, which included a substantive term of imprisonment for three months, was directed to be examined after hearing the complainant as well. Though notice was served on the complainant, after service, he was elected to remain absent. 2. When the revision came up for consideration, the learned counsel for the petitioner/accused submitting that he is employed in a Central Government undertaking pleaded for reducing and modifying the substantive term of imprisonment imposed against him as part of the sentence. Liability covered by a dishonoured cheque is essentially a civil liability, but, for its inclusion under Section 138 of the NI Act by way of amendment as an offence punishable with the sentence as directed thereunder. In the absence of exceptional circumstance justifying a harsh punishment against the drawer of the dishonoured instrument, the ends of justice would suffice by modulating the Crl. R.P No.1830 OF 2011 2 sentence providing adequate compensation to the complainant. 3. Going through the judgments rendered by the learned magistrate and also the learned sessions Judge, I find, no special circumstance is present in the case to impose a sentence directing incarceration of the accused for the period fixed. So much so, sentence imposing substantive term of imprisonment can be reduced to imprisonment till the rising of the court, retaining the fine fixed with default term of imprisonment. 4. Affirming the conviction, sentence imposed against the accused is modified to imprisonment till the rising of the court, retaining the fine fixed by the courts below with default term of imprisonment. Petitioner is directed to appear before the magistrate on 02-01-2012 to serve out the imprisonment till the rising of the court, and report payment of the fine. The magistrate is directed to keep in abeyance the execution of sentence till the date fixed as above for his appearance, to enable him to pay the fine within such period. In default of his appearance and nonpayment of the fine, the magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision disposed of. Sd/- vdv S.S.SATHEESACHANDRAN, JUDGE //True Copy// P.A to Judge