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. 2720 of 2011() ------------------------------------------- CRA.127/2009 of SESSIONS COURT, WAYANAD, KALPETTA CC.281/2008 of JUDICIAL MAGISTRATE OF FIRST CLASS COURT, KALPETTA. .................... REVN. PETITIONER/APPELLANT/ACCUSED: ---------------------------------------------------------------- RANJITH P., S/O.NARAYANAN, PEDANGAL HOUSE, OLAVANNA P.O., CALICUT. BY ADV. SRI.P.R.SREEJITH, SRI.M.PROMODH KUMAR. RESPONDENTS/RESPONDENTS/COMPLAINANT: ----------------------------------------------------------------------- 1. M/S.KALPETTA JANAKSHEMA MARUTHI CHITS PVT. LTD., REPRESENTED BY THE MANAGER SRI.SHANMUGHADAS, S/O.YESODHARAN, SHEEJA BHAVAN, KUNNUMBATTA P.O., CHUNDALE, WAYANAD DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT.SEENA R. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 21/11/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.2720 OF 2011 ----------------------------------------- Dated this the 21st day of November 2011 ORDER The revision is by the accused in a cheque case. Conviction entered against him for the offence under Section 138 of the Negotiable Instruments Act (for short, NI Act), concurrently by the two courts below is assailed in the revision. 2. When the revision came up for consideration, the learned counsel for the petitioner/accused submitted that he has no arguments on merits to assail the conviction, but, only as against the substantive term of imprisonment with a request to be made for grant of some more time for payment of the fine to avoid the default term of imprisonment. Sentence imposed against the petitioner is imprisonment for two months and to pay a fine of `.39,000/-, the cheque amount. Fine, if realized, was directed to be paid as compensation to the complainant. The liability arising under a dishonoured cheque is primarily a civil liability. So much so, in the absence of exceptional circumstance, incarceration of the drawer of the dishonoured cheque, on finding him guilty of the offence under Section 138 of the NI Act, is not required to met out Crl. R.P No.2720 OF 2011 2 just punishment. So much so, sentence imposed against the petitioner can be reduced to imprisonment till the rising of the court retaining the fine fixed by the courts below. Fine, if realised, no doubt, shall be paid as compensation to the complainant. 3. Affirming the conviction of the accused, sentence imposed against him is reduced to imprisonment till the rising of the court retaining the fine fixed by the court below. Petitioner shall appear before the magistrate on 19-12-2011 to serve out the imprisonment till the rising of the court, and to 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