High Court Kerala High Court

Komalavally vs Joy John on 9 February, 2007

Kerala High Court
Komalavally vs Joy John on 9 February, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 337 of 2007()


1. KOMALAVALLY, W/O.SUKUMARAN,
                      ...  Petitioner

                        Vs



1. JOY JOHN, S/O.JOHN, AGED 52 YEARS,
                       ...       Respondent

2. STATE OF KERALA REPRESENTED BY THE

                For Petitioner  :SRI.V.JOHN SEBASTIAN RALPH

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :09/02/2007

 O R D E R
                                         V. RAMKUMAR, J.

                               ---------------------------------------------

                                      CRL.M.C. 337 OF 2007

                               ---------------------------------------------

                                    Dt.    FEBRUARY 9, 2006

                                                ORDER

Petitioner was convicted for an offence punishable under sec.138 of the

Negotiable Instruments Act in respect of a cheque for a sum of Rs.2,50,000/-.

The sentence imposed on her was simple imprisonment for six months. There

was no order for fine nor any order for compensation under sec.357(3) Cr.P.C.

Challenging the conviction entered and the sentence passed against her the

petitioner filed Crl.A.No.27/2007 before the Sessions Court, Ernakulam. As per

Crl.M.P.712/2007 she sought for a stay of suspension of the sentence. As per

Annexure-I order dt.11.1.2007 the sentence was suspended on deposit of

Rs.80,000/- within one month towards the cheque amount and on execution of a

bond for Rs.50,000/- with two sureties before the trial court. It is the above

order which is assailed in this Crl.M.C.

2. The learned counsel for the petitioner submits that in a case where a

sentence of imprisonment alone is imposed on the accused, the maximum that

can happen is a dismissal of her appeal in which case she will have to undergo

imprisonment only. Hence the direction to deposit Rs.80,000/- passed by the

lower appellate court is illegal. I cannot agree. It is now well settled that even in

a case where a sentence of imprisonment alone has been passed, the appellate

court can while finally disposing of the appeal modify the sentence by reducing

CRL.M.C.337/2007 2

the imprisonment and directing payment of compensation under sec.357(3)

Cr.P.C. If such an order can be passed at the stage of final disposal of the

appeal, there is no reason why a direction to pay a part of the cheque amount

cannot be granted at the interlocutory stage.

3. However, in the facts and circumstances of the case, a direction to

deposit Rs.80,000/- appears to be on the higher side. In as much as Annexure-I

order was passed at the ex parte stage, there is no question of hearing the

complainant. Hence I am dispensing with notice to the 1st

respondent/complainant. Annexure-I order is accordingly modified directing the

petitioner/appellant to deposit a sum of Rs.25000/- within two weeks from today

and to execute a bond for Rs.50,000/- with two solvent sureties to the

satisfaction of the trial court. Annexure-I order in the appeal will stand modified

to the above extent. This Crl.M.C. is disposed of as above.

(V.RAMKUMAR, JUDGE)

mt/-