High Court Kerala High Court

Somanathan vs N.K.Raghavan on 27 November, 2006

Kerala High Court
Somanathan vs N.K.Raghavan on 27 November, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 2347 of 2005()


1. SOMANATHAN, SREERANGAM,
                      ...  Petitioner

                        Vs



1. N.K.RAGHAVAN, SANTHOSH, PAZHAVEEDU P.O.
                       ...       Respondent

2. STATE OF KERALA, REP. BY THE PUBLIC

                For Petitioner  :SRI.C.V.MANUVILSAN

                For Respondent  :SMT.C.G.BINDU

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :27/11/2006

 O R D E R

K.T. SANKARAN, J.

………………………………………………………………………..

CRL. R.P. 2347 OF 2005

………………………………………………………………………..

                                Dated this the  27th     November, 2006




                                                     O  R D E R





The petitioner is the accused in C.C.No. 249 of 2003 on the file of

the court of the Judicial Magistrate of the First Class, Ramankary. He was

convicted for the offence under section 138 of the Negotiable Instruments

Act and was sentenced to undergo simple imprisonment for six months

and to pay a sum of Rs. 33,000/- as compensation under section 357(3) of

the Code of Criminal Procedure and in case of default of payment of

compensation, to undergo simple imprisonment for three months. The

petitioner challenged the conviction and sentence in Crl. Appeal. No. 262

of 2004 on the file of the court of the Addl. Sessions Judge, Alappuzha.

The appellate court confirmed the conviction and sentence.

2. Counsel for the petitioner submits that a sum of Rs. 11,000/-

(Rupees eleven thousand only) was deposited by the petitioner /accused

before the trial court, as directed by this court in the order dated 13th

september, 2005. He also submits that the sentence of imprisonment for

six months is too harsh and that in the nature of the offence and facts and

CRL.R.P. 2347 OF 2005

2

circumstances of the case, it would be reasonable to impose a very

minimum sentence of imprisonment. He also submits that the petitioner is

prepared to pay the balance amount of compensation within a period of

one month. Learned counsel for the first respondent agrees that one

month’s time can be granted to the petitioner to pay the balance amount of

compensation . The first respondent has no objection to reduce the

sentence of imprisonment as imprisonment till the rising of the court.

3. Having heard the counsel for the parties and also considering

the facts and circumstances of the case, I am inclined to reduce the

sentence as imprisonment till the rising of the court and to grant one

month’s time to the petitioner to pay the balance amount of

compensation .

4. In the result, the Crl. Revision Petition is allowed in part.

Conviction of the petitioner is confirmed. The sentence of imprisonment is

reduced to imprisonment till the rising of the court. The direction to pay

compensation of Rs. 33,000/- is also confirmed. The petitioner is granted

CRL.R.P. 2347 OF 2005

3

one month’s time to pay the amount of compensation. Since the petitioner

has already remitted a sum of Rs. 11,000/-, he need pay only the balance

amount of Rs.22,000/- (Rupees twenty two thousand only) within a period

of one month from today. In case, the petitioner commits default in

payment of compensation, he shall undergo simple imprisonment for one

month and to that extent, the sentence is modified.

The first respondent/ complainant will be entitled to withdraw the

amount deposited by the petitioner/accused before the trial court.

K.T. SANKARAN,

JUDGE.

lk