High Court Kerala High Court

Refeeque.P.P vs Smt.Latha.K.S on 25 March, 2010

Kerala High Court
Refeeque.P.P vs Smt.Latha.K.S on 25 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 3703 of 2008()


1. REFEEQUE.P.P, S/O.PAREED, PUTHUKADAN,
                      ...  Petitioner

                        Vs



1. SMT.LATHA.K.S, PROPRIETOR OF
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.AYPE JOSEPH

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice P.S.GOPINATHAN

 Dated :25/03/2010

 O R D E R
                    P.S.GOPINATHAN, J.

                   = = = = = = = = = = = = =
                   Crl.R.P.No.3703 of 2008.
                   = = = = = = = = = = = = =

           Dated this the 25th day of March, 2010.

                         O R D E R

The revision petitioner was found guilty for offence

under Section 138 of the Negotiable Instruments Act and

sentenced to simple imprisonment for three months with

direction to pay Rs.59,850/- as compensation and Rs.1,000/-

as costs to the first respondent, who prosecuted the revision

petitioner before the Judicial Magistrate of the First Class-

II, Aluva, in CC.No.172/2004. Feeling aggrieved, the

revision petitioner took up the matter in Crl.Appeal

No.60/2007 before the Sessions Judge, Ernakulam. The

IIIrd Addl.Sessions Judge to whom the appeal was made

over concurred with the lower court in finding the revision

petitioner guilty. However, the substantial sentence was

reduced to imprisonment till the rising of the court and a

fine of Rs.one lakh, out of which Rs.98,000/- was ordered to

be paid to the first respondent as compensation under

Crl.R.P.No.3703 of 2008.

-: 2 :-

Sec.357(1) of the Criminal Procedure Code. Assailing the

legality, correctness and propriety of the above conviction

and sentence as modified in appeal, this revision petition

was filed.

2. The learned counsel for the revision petitioner

submitted that he is not assailing the conviction as well as

the substantial sentence but, he is assailing only the fine

imposed. According to the learned counsel, the fine

imposed is too high and that the appellate court fixed the

fine amount on calculating interest. Appeal against

conviction is not an execution proceedings of a civil court

decree to calculate interest precisely and to determine the

fine amount. In a criminal case, what is appropriate is to

give a reasonable compensation and nothing more. Though

the fine imposed is within the statutory limit, taking into

account that the cheque amount was only for Rs.59,850/-, I

find that there is a little merit in the submission and that a

fine of Rs.75,000/- and paying that much amount as

Crl.R.P.No.3703 of 2008.

-: 3 :-

compensation would meet the ends of justice. In the event

the first respondent has more claim including interest, she

would be at liberty to approach the civil court.

3. In the result, while confirming the conviction and

the substantial sentence, the fine is reduced to Rs.75,000/-

(Rupees seventy-five thousand only) with a default sentence

of simple imprisonment for two months. The revision

petitioner is granted two months time to remit the fine

which on realisation shall be paid to the first respondent as

compensation under Sec.357(1) of the Crl.P.C. Till the

expiry of time to remit the fine, the bail bond executed by

the revision petitioner shall remain in force. The amount, if

any, deposited shall be given credit to.

The revision petition is disposed of as above.

P.S.GOPINATHAN
(Judge)

Kvs/-