IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 8TH JUNE, 2011 / 18TH JYAISHTA, 1933 Crl.Rev.Pet.No. 1423 of 2011 ------------------------------------ (Crl.A.No.80/2008 of Sessions Judge,Wayanad,Kalpetta dtd.29.5.2010 against the judgment in S.T.No.2223/2006 of the Judicial First Class Magistrate Court-I, Sulthanbathery) REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------- VARGHESE JOSEPH, AGED 51 YEARS, S/O.JOSEPH, RESIDING AT KEERIKKATTIL HOUSE, KUMBLERY P.O., MEENANGADI. BY ADV. SRI.A.V.JAMES SRI.P.DALBI EMMANUEL RESPONDENTS(S): RESPONDENTS/COMPLAINANT -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. M/S.KALPETTA JANAKSHEMA MARUTHI CHITS PVT. LTD., SULTHAN BATHERY BRANCH, PULPALLY, PADICHIRA VILLAGE, SULTHAN BATHERY TALUK. R1 BY PUBLIC PROSECUTOR SRI.V.TEK CHAND. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 08/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- Crl.R.P.No. 1423 of 2011 --------------------------------------------- Dated this the 8th day of June, 2011 O R D E R The challenge in this Crl.R.P. is against the conviction and sentence imposed against the revision petitioner under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act'). 2. As this Court is not inclined to interfere with the order of conviction, learned counsel for the revision petitioner submitted that the sentence imposed against the revision petitioner is unreasonable and the same may be set aside. Counsel for the revision petitioner further submitted that some breathing time may be granted to the revision petitioner to pay the fine amount as ordered by the appellate court. 3. Having regard to the facts and circumstances involved in the case, I am of the view that the said submission can be considered positively and while granting time, the interest of the complainant has also to be protected. Crl.R.PNO. 1423 of 2011 :-2-: 4. In the present case, the cheque in question is dated 25.4.2006, that too for an amount of `.21,250/-. Thus, the amount is due for the last five years. The Honourable Apex Court, in the decision reported in Damodar.S.Prabhu v. Sayed Babalal.H. [JT 2010(4) SC 457], has held that in the case of dishonour of cheques, the compensatory aspect of the remedy should be given priority over the punitive aspects. Therefore, according to me, the sentence requires reconsideration. In the result, this Criminal Revision Petition is disposed of confirming the conviction of the revision petitioner under Section 138 of the N.I.Act as recorded by the courts below. Accordingly, the sentence of imprisonment ordered by the appellate court is modified and reduced to one day simple imprisonment, i.e., till the rising of the court. But, the fine amount is enhanced and the revision petitioner is directed to pay a fine of `.26,000/- (Rupees Twenty Six Thousand only) within three months from today and in default, he is directed to Crl.R.PNO. 1423 of 2011 :-3-: undergo simple imprisonment for a period of one month. Accordingly, the revision petitioner is directed to appear before the trial court on 12th September,2011 to receive the modified sentence ordered by this Court and to deposit the above enhanced fine amount. In case of any failure on the part of the revision petitioner in appearing before the trial court on the above date to receive the modified sentence fixed by this Court and to deposit the fine amount, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence and to realise the fine. On realisation of the fine amount, a sum of `.25,000/- shall be paid to the complainant as compensation under Section 357(1)(b) of the Cr.P.C. and the remaining amount shall be deposited in the State Exchequer. Coercive steps, if any, pending against the revision petitioner shall be deferred till 12th September,2011. MBS/ V.K.MOHANAN, Judge. Crl.R.PNO. 1423 of 2011 :-4-: