High Court Kerala High Court

K.C.Haridas vs Keltron on 26 November, 2010

Kerala High Court
K.C.Haridas vs Keltron on 26 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 1128 of 2003()



1. K.C.HARIDAS
                      ...  Petitioner

                        Vs

1. KELTRON
                       ...       Respondent

                For Petitioner  :SRI.SHEEJO CHACKO

                For Respondent  :SRI.M.C.JOHN, SC FOR KELTRON

The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :26/11/2010

 O R D E R
               M. L. JOSEPH FRANCIS, J.
               ~~~~~~~~~~~~~~~~~~
               Crl.R.P. No:1128 of 2003
               ~~~~~~~~~~~~~~~~~~
       Dated this the 26th day of November 2010


                        O R D E R

This Revision petition is filed by the accused in C.C.

No.172 of 1998 on the file of Addl. Chief Judicial

Magistrate, Economic Offences, Ernakulam challenging the

conviction and sentence passed against him for the offence

punishable under Section 138 of N.I. Act. The cheque

amount was Rs.22,675/-. In the Trial Court, the accused

was convicted and sentenced to undergo simple

imprisonment for three months and to pay a fine of

Rs.28,000/-. In default of fine, he shall undergo simple

imprisonment for one month. If the fine amount is realised,

Rs.26,000/- shall be given to the complainant towards cost

and compensation under Sec.357(1) of Cr.P.C. In the

appeal the sentence is modified to simple imprisonment for

Crl.R.P. No:1128 of 2003

-: 2 :-

one month and fine of Rs.26,000/-. In default of payment of

fine the accused shall undergo simple imprisonment for one

month. If the fine amount is realised Rs.26,000/- shall be

paid to the complainant as compensation under Sec.357(1)

of Cr.P.C.

2. I heard the learned counsel for the revision

petitioner, learned counsel for the complainant and the

public prosecutor.

3. The learned counsel appearing for the revision

petitioner reiterated the same contention raised before the

Trial Court and the appellate court. Learned counsel for

the complainant supported the judgment of the court below.

4. The courts below have concurrently held that the

cheque in question was drawn by the petitioner in favour of

the complainant, that the complainant had validly complied

with clauses (a) and (b) of the proviso to Section 138 of the

N.I. Act and that the Revision petitioner/accused failed to

make the payment within 15 days of receipt of the statutory

Crl.R.P. No:1128 of 2003

-: 3 :-

notice. Both the courts have considered and rejected the

defence set up by the revision petitioner while entering the

conviction. The said conviction has been recorded after a

careful evaluation of the oral and documentary evidence. I

do not find any error, illegality or impropriety in the

conviction so recorded concurrently by the courts below and

the same is hereby confirmed.

5. In the decision reported in Damodar S. Prabhu v.

Sayed Babalal H (2010(2) KHC 428 (SC)), it was held that

in a case of dishonour of cheques, compensatory aspect of

the remedy should be given priority over the punitive

aspect. Considering the facts and circumstances of the

case, I am of the view that sentencing the accused to pay a

fine of Rs.27,000/- would meet the ends of justice. The

Revision petitioner is permitted either to deposit the said

fine amount before the Court below or directly pay the

compensation to the complainant within six months from

today and to produce a memo to that effect before the Trial

Crl.R.P. No:1128 of 2003

-: 4 :-

Court in case of direct payment. If he fails to deposit or pay

the said amount within the aforesaid period, he shall suffer

simple imprisonment for three months by way of default

sentence. The amount if any deposited in the trial court

by the accused can be given credit to.

6. In the result, this Revision petition is disposed of

confirming the conviction entered by modifying the

sentence imposed on the revision petitioner.

M. L. JOSEPH FRANCIS
( Judge)
jvt/