IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 Crl.Rev.Pet.No. 42 of 2009() ---------------------------- CRA.366/2006 of II ADDL.SESSIONS COURT, ERNAKULAM CC.638/2003 of JUDL.FIRST CLASS MAGISTRATE, MUVATTUPUZHA .................... REVN. PETITIONER(S): RESPONDENT/COMPLAINANT --------------------------------------------------------------- E.K.BABY, AGED 56, S/O.KURIAKOSE, ELANJIMATTATHIL HOUSE, KAKKAD KARA, PIRAVOM VILLAGE, MUVATTUPUZHA. BY ADV. SRI.BASIL MATHEW RESPONDENT(S): APPELLANT/ACCUSED& STATE --------------------------------- 1. V.T.MATHEW, S/O.LATE THOMAS, AGED 56 YEARS, VARAYATHU VEEDU, PADICHIRA P.O. PULPALLY, S.WAYANADU. 2. STATE OF KERALA REPRESENTED BY THE GOVERNMENT PLEADER, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI. PUZHAKKARA MOHAMMED FOR R2 SRI.THOMAS M.JACOB FOR R1 SRI.G.RAJAGOPAL FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Crl.R.P. No. 42 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 17th day of March, 2009 O R D E R Heard both sides. 2. The 1st respondent has been concurrently convicted by the courts below for an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act'). The cheque amount was Rs.90,000/-. 3. The trial court sentenced him to imprisonment till rising of the court and to pay compensation of Rs.1,15,000/- and in default to undergo simple imprisonment for three months. On appeal preferred by the 1st respondent, the lower appellate court confirmed the conviction as well as the sentences of imprisonment till rising of the court and direction to pay compensation of Rs.1,15,000/- and the default sentence imposed by the trial court, on failure to pay the compensation, was set aside. Hence, this revision. 4. Even though there is a contention as to whether the default sentence would be imposed for realizing the compensation under section 357 Cr.P.C., without going into the said controversy, I convert the sentence to one of fine only. 5. The direction to undergo simple imprisonment till Crl.R.P. 42/09 -2- rising of the court is set aside. For the conviction under Section 138 of the Act, the 1st respondent is sentenced to pay a sum of Rs.1,15,000/- as above and in default to pay fine, he shall undergo simple imprisonment for three months. The 1st respondent is given four months time from today to pay the amount. The amount shall be paid as compensation to the revision petitioner/complainant under section 357 (1) Cr.P.C. It will be open to the 1st respondent to pay compensation directly to the revision petitioner and produce a memo to that effect before the trial court or in the alternative to deposit the compensation amount before the trial Court. This revision petition is allowed as above. V. RAMKUMAR, JUDGE. mn.