IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 17TH JANUARY 2011 / 27TH POUSHA 1932 Crl.Rev.Pet.No. 145 of 2011() ----------------------------------------- CRA.499/2009 of ADDL. SESSIONS COURT (ADHOC -1), KOZHIKODE CC.471/2008 of JUDICIAL FIRST CLASS MAGISTRATE, KOZHIKODE .................... REVN. PETITIONER(S): APPELLANT/ACCUSED ------------------------------------------------------------------- PRAMOD.P., S/O.RAVEENDRAN, PADINHAREPURAKKAL HOUSE, P.O.VENGERI, CALICUT-673 010. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------------------------------------- 1. V.SUNDARAN, S/O.UNNI, ABHILASH NIVAS, ERANHIKKAL P.O., ELATHUR (VIA) KOZHIKODE, PIN-673 303. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.V.TEK CHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V.K.MOHANAN, J. - - - - - - - - - - - - - - - - - - - Crl. R.P. No.145 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17 th day of January, 2011. O R D E R The accused in a prosecution for the offence under section138 of the Negotiable Instruments Act,1881 (for short ‘the N.I Act’) approached this Court by preferring the above revision petition challenging his conviction and sentence, imposed as per judgments of the trial court as well as the lower appellate court. 2. I have heard learned counsel for the revision petitioner as well as counsel for the respondents. 3. As this court is not inclined to interfere with the order of conviction and sentence recorded by the courts below, the learned counsel for the revision petitioner submitted that the sentence imposed by the court below is highly unreasonable and exorbitant and therefore, some leniency may be shown in the matter of sentence and some breathing time may be granted to the revision petitioner to pay the compensation amount. Crl. R.P. No.145/2011 2 Considering the facts and circumstances involved in the case, I am of the view that the revision petitioner can be granted some time to pay the compensation amount. The Hon'ble Apex Court in the decision reported in Damodar S.Prabhu v. Sayed Babalal .H. (JT 2010 (4) SC 457) has held that, in case of dishonour of cheques, the compensatory aspect of the remedy should be given priority over the punitive aspects. In the light of the above decision and considering the fact that, the cheque in question is dated 24.07.2008 and the amount is due for the last two years, the compensation amount can be enhanced slightly. In the result, this revision petition is disposed of confirming the conviction and sentence ordered by the appellate court and the revision petitioner is granted 3 months' time to pay the compensation amount. Accordingly, the compensation amount ordered by the courts below is enhanced to the tune of `.1,15,000/- (Rupees One lakh fifteen thousand only), which he shall Crl. R.P. No.145/2011 3 pay to the complainant within 3 months' from today and it is made clear that the default sentence fixed by the courts below will attract in case of default in paying the enhanced compensation amount within the above period. Accordingly, the revision petitioner is directed to appear before the trial court on 07.03.2011 to receive the sentence and to pay the enhanced compensation amount. If there is any default in appearing before the court below and to pay the compensation amount on or before the above date, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence and for realisation of the compensation amount, to be paid to the complainant. Revision petition is disposed of accordingly. Sd/- (V.K.MOHANAN), Judge. ss/. The date “07.03.2011” occurring in the 7th line at page 3 of Crl. R.P. No.145/2011 4 the final order dated 17.01.2011 in Crl.R.P.145/2011 is substituted with “18.04.2011” as per order dated 17.03.2011 in Crl.M.A.2351/2011. Sd/- Registrar (Judicial) //True Copy// P.A to Judge