IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 Crl.Rev.Pet.No. 1667 of 2011() ------------------------------ CRA.384/2010 of ADDL.SESSIONS COURT, N. PARAVUR ST.117/2009 of JUDICIAL MAGISTRATE OF FIRAST CLASS - II, N. PARAVUR .................... REVN. PETITIONER: REVISION PETITIONER/APPELLANT/ACCUSED ---------------------------------------------------------- AJAI JOSE.K.I,AGED 46 YEARS, PROPRIETOR,MUNTHERO CONSTRUCTIONS,KARUMANCHERIL, MUNDENVELI.P.O,KOCHI. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN RESPONDENTS: RESPONDENTS 1 & 2/COMPLAINANT -------------------------------------------- 1. M/S NEPTUNE READY MIX CONCRETE P(LTD), PLOT NO.VI/58 & 59,INDUSTRIAL DEVELOPMENT AREA, EDAYAR,MUPPATHADAM.P.O,COCHIN REPRESENTED BY ITS PUBLIC RELATION OFFICER,MR.SHYAM S.NAIR. 2. STATE OF KERALA,REPRESENTED BY ITS PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. R2 BY P.P. V. TEK CHAND. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl. R.P. No.1667 OF 2011 ---------------------------------------- Dated Ist day July, 2011 ORDER The challenge in this Crl.R.P is against the conviction and sentence imposed on the revision petitioner who is the accused in a prosecution for the offence under section 138 of the Negotiable Instruments Act. 2. As this court is not inclined to interfere with the order of conviction, the learned counsel submitted that the sentence imposed against the revision petitioner is unreasonable and exorbitant. It is also the submission of the learned counsel that the petitioner may be granted some time to compensate the complainant. 3. While considering the request of the petitioner, it is relevant to note that the cheque in question is dated 24.11.2006, that too for a sum of Rs.57,600/-. In spite of the findings of the courts below, the said amount is not so far paid to the complainant. It is relevant to note that the Apex Court, in its recent decision in Damodar S.Prabhu v. Sayed Babalal H (J.T.2010 (4) SC 457), has held that in a case of dishonour of cheques, compensatory aspect of the remedy should be given priority over the CRRP 1667/11 2 punitive aspect. Therefore, considering the facts indicated above and the settled legal position, I am of the view that the sentence of imprisonment ordered against the revision petitioner requires reconsideration particularly, the substantial sentence. In the result, this Crl.R.P. is disposed of confirming the conviction of the revision petitioner under section 138 of the NI Act. Accordingly, the sentence of imprisonment ordered against the revision petitioner is modified and reduced into one day simple imprisonment, i.e. till the rising of the court. Since the substantial sentence is reduced, the fine amount is enhanced and accordingly, petitioner is sentenced to pay a fine of Rs.69,000/- (Rs. Sixty nine thousand only) within three months from today, in default, the revision petitioner is sentenced to undergo simple imprisonment for period of 45 days. Accordingly, the revision petitioner is directed to appear before the trial court on 3rd October, 2011 to receive the modified sentence of imprisonment and to deposit the fine amount fixed by this court. If there is any default on the part of the petitioner in CRRP 1667/11 3 appearing before the trial court as directed above, the trial court is free to take coercive steps against the revision petitioner to secure his presence and to execute the sentence and for realisation of the fine amount. On realisation of the fine amount, a sum of Rs.67,000/-- (Rs.Sixty seven thousand only) shall be paid to the complainant as compensation under section 357(1)(b) Cr.P.C and the remaining amount of Rs.2000/- shall be deposited in the State ex chequer. Coercive steps if any pending against the revision petitioner shall be deferred till 3rd October, 2011. This Crl.R.P is disposed of accordingly. V.K.MOHANAN, JUDGE. kvm/- CRRP 1667/11 4