IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 2863 of 2010()
1. SANTHOSHKUMAR, S/O.VASAPPAN,
... Petitioner
Vs
1. JOSIN THOMAS, S/O.THOMAS,
... Respondent
2. THE STATE OF KERALA REPRESENTED
For Petitioner :SRI.B.PRAMOD
For Respondent : No Appearance
The Hon'ble MR. Justice V.K.MOHANAN
Dated :06/10/2010
O R D E R
V.K.MOHANAN, J.
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Crl. R.P.No.2863 of 2010
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Dated this the 6th day of October, 2010.
O R D E R
This revision petition is filed challenging the conviction and
sentence recorded by the trial court u/s.138 of Negotiable
Instruments Act, as per the judgment dated 8.7.2009
C.C.No.1208/07 of the Court of Judicial First Class Magistrate-I,
Alleppey and the judgment dated 20.7.2010 in Crl.A.No.343/09
of the Court of Addl. Sessions Judge (Fast Track)-II, Alleppey.
2. The learned counsel for the revision petitioner submitted
that, he has no contention on merit and the revision petitioner
require some modification with respect to the sentence.
3. As per the judgments of the courts below, the revision
petitioner is directed to undergo simple imprisonment for 3
months and to pay compensation of Rs.1,60,000/- to the
complainant u/s.357(3) of Cr.P.C. and the default sentence fixed
is 3 months simple imprisonment. The apex court in a recent
decision reported in Damodar S.Prabhu V. Sayed Babalal H.
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(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. In the light of the above
settled legal position, I am of the view that, the sentence of
imprisonment ordered by the courts below can be modified and
reduced to one day simple imprisonment, whereas the amount
of compensation fixed by the court below can be enhanced
slightly and 45 days time can be granted to the revision
petitioner to pay the compensation amount.
In the result, this revision petition is disposed of confirming
the conviction against the revision petitioner u/s.138 of
Negotiable Instruments Act as recorded by the courts below.
Accordingly, the sentence of imprisonment ordered by the courts
below is modified and reduced to one day simple imprisonment
ie., till the rising of the court and the revision petitioner is
directed to pay a sum of Rs.1,65,000/- as compensation to the
complainant u/s.357(3) of Cr.P.C., within 45 days from today
and in default in paying the compensation amount within the
period fixed by this court, the revision petitioner is directed to
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Crl. R.P.No.2863 of 2010
undergo simple imprisonment for 3 months. Accordingly, the
revision petitioner is directed to appear before the trial court on
22.11.2010 to receive the modified sentence and to pay the
revised amount of compensation. In case of any failure on the
part of the revision petitioner in appearing before the court below
as directed above and in paying the compensation amount, the
trial court is free to take coercive steps to secure the presence
of the revision petitioner and to execute the sentence awarded
against the revision petitioner. It has also made clear that the
revision petitioner is free to pay the compensation amount either
directly to the complainant or by remitting the same in the trial
court, whichever subject to the satisfaction of the learned
Magistrate of the trial court. Coercive steps if any, pending
against the revision petitioner shall be deferred till 22.11.2010.
V.K.MOHANAN,
Judge.
ami/