IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 Crl.Rev.Pet.No. 1173 of 2008() ------------------------------ CRA.204/2000 of ADDL. SESSIONS COURT (ADHOC), THRISSUR ST.899/1997 of JUDL. MAGISTRTE OF FIRST CLASS COURT-III, THRISSUR .................... REVN. PETITIONER: ------------------------------- EMPLOYEES' STATE INSURANCE CORPORATION, REGIONAL OFFICE(KERALA), NORTH SWARAJ ROUND, THRISSUR - 20, REP.BY THE INSPECTOR. BY ADV. SRI.P.SANKARANKUTTY NAIR RESPONDENTS: -------------------------- 1. A.CHANDRAMATHY, W/O.NARAYANAN, ARAYAKANDI, KANNUR-2, M/S.ANANTHAKRISHA BUS SERVICE, S.P.C.A BUILDING, KANNUR. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY ADV. SRI.M.K.SUMOD SRI.KAUSER EDAPPAGATH PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = = = = Crl.R.P. No. 1173 of 2008 = = = = = = = = = = = = = = = Dated this the 4 th day of April, 2008 O R D E R Petitioner, who is the de facto complainant in S.T.No.899 of 1997 on the file of the J.F.C.M-III, Thrissur, which was a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881, involving a cheque for a sum of Rs.55,924/-, challenges last part of the judgment dated 28.2.02 passed by the lower Appellate Court, wherein the default sentence imposed by the trial court for nonpayment of compensation awarded under Section 357(3) Cr.P.C has been deleted. 2. I heard the learned counsel for the Revision Petitioner and the learned Public Prosecutor. 3. In the light of the recent decision of the Supreme Court in Ettappadan Ahammedkutty v. E.P. Abdullakoya (2008(1) KLT 851), the impugned portion of the judgment of the lower appellate court cannot be taken exception to by the revision petitioner/complainant. However, I see no justification in Crl.R.P.No.1173/2008 -:2:- imposing the sentence of imprisonment till rising of the Court in a prosecution of this nature. Accordingly, the sentence imposed on the 1st respondent/accused is altered to a fine of Rs.55,924/- (Rupees fifty five thousand nine hundred and twenty four only). The said fine shall be paid as compensation under Section 357 (1) Cr.P.C. The fine amount shall be paid to the revision petitioner/ complainant or deposited before the Court below or directly paid to the complainant within two months from today, failing which the 1st respondent/ accused shall suffer simple imprisonment for three months by way of default sentence. This Crl.R.P. is disposed of as above. V. RAMKUMAR, JUDGE. sj