IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 16TH DAY OF DECEMBER 2011/25TH AGRAHAYANA 1933 CRRP.No. 2850 of 2011 ( ) ------------------------------------------ CRA.NO.116/2009 of ADDL. DISTRICT & SESSIONS COURT, FAST TRACK (ADHOC)-II, KOZHIKODE CC.NO.202/2007 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I,KOYILANDY -------------------------------- REVISION PETITIONER(S)/REVISION PETITIONER/ACCUSED 1 MANOJ KUMAR, S/O.KRISHNAN, LAB ASSISTANT, S.N.D.P. COLLEGE, KOLLAM, KOILANDY. BY ADV.SRI.A.RANJITH NARAYANAN SRI.S.K.SAJU RESPONDENT/ COMPLAINANT(S) -------------------------------------------------- 1 SURESH KUMAR C.K, S/O.SANKARAN NAIR, PANHATT HOUSE, VIYYUR AMSOM, PULIYANCHERY DESOM, MUCHUKUNNU (PO), KOILANDY TALUK. 2 STATE OF KERALA, REP BY PUBLIC PROSECUTOR HIGH COURT OF KERALA. R1 BY ADV. SRI.ANEESH JOSEPH R2 BY PUBLIC PROSECUTOR SMT.SEENA.R. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 16-12-2011 ,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.2850 OF 2011 ----------------------------------------- Dated this the 16th day of December 2011 ORDER Challenge in the revision is against the conviction of the accused for the offence under Section 138 of the Negotiable Instruments Act (for short, 'the Act'), concurrently by the two courts below. 2. Notice given, the 1st respondent/ complainant has entered appearance. An affidavit has been filed by the 1st respondent/complainant stating that whatever amount awarded towards compensation has been received from the accused. He has no grievance against the petitioner/accused over the dishonoured cheque, which lead to his conviction, is the further averment in the affidavit sworn to by the complainant. Statements made as above are affirmed by the counsel for the complainant as well. The only submission made by the counsel for the accused is that in view of the payment effected and the affidavit filed by the 1st respondent/complainant, sentence imposed against him may be modified relieving him of the substantive term of imprisonment and vacating the direction to pay the sum fixed as compensation. No challenge is raised against the conviction of the accused, concurrently rendered by the two courts below. Crl.R.P No.2850 OF 2011 2 3. Payment of compensation awarded as part of the sentence, after conviction is entered into against the accused, is no ground to relieve the accused from the punishment imposed. No composition petition has been filed by the accused is also to be taken note of. No doubt, the plea made by the counsel for the accused for modification of the sentence deserves consideration in view of the payment of compensation already made to the complainant. However, while modifying the sentence, there is no request for composition, and, also the timelag covered by the prosecution and its continuation even after conviction was entered into against the accused, who had issued the dishonoured cheque, also have to be taken note of. Sentence imposed against the accused, as affirmed by the sessions judge in appeal, is simple imprisonment for three months with direction to pay compensation of `.60,000/- with default term of simple imprisonment for two months more. In view of the payment of compensation already effected, that part of the sentence, no doubt, can be vacated. As regards the substantive term of imprisonment, taking note of the subsequent events, that too can be modified limiting it to imprisonment till the rising of the court with fine as indicated hereunder, with default term thereof. Crl.R.P No.2850 OF 2011 3 4. Affirming the conviction, sentence imposed against the accused is modified and reduced to imprisonment till the rising of the court with direction to pay fine of `.5,000/- with default term of imprisonment for three weeks. Petitioner shall appear before the magistrate on 23-01-2012 to suffer the imprisonment till the rising of the court and to report payment of fine. Magistrate is directed to keep in abeyance the execution of sentence till the date fixed as above for his appearance. 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