High Court Kerala High Court

Managing Partner vs Deepak V.Damodhar on 22 November, 2010

Kerala High Court
Managing Partner vs Deepak V.Damodhar on 22 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 1622 of 2003()



1. MANAGING PARTNER
                      ...  Petitioner

                        Vs

1. DEEPAK V.DAMODHAR
                       ...       Respondent

                For Petitioner  :SRI.P.VIJAYA BHANU

                For Respondent  :SRI.V.V.SURENDRAN

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

 Dated :22/11/2010

 O R D E R
               M. L. JOSEPH FRANCIS, J.
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                  Crl.R.P. No: 1622 of 2003
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           Dated this the 22nd day of November 2010

                             O R D E R

This Revision petition is filed by the accused in C.C. No.

3 of 2000 on the file of Judicial First Class Magistrate Court,

Kunnamkulam challenging the conviction and sentence passed

against him for the offence punishable under Section 138 of

N.I. Act. The cheque amount was Rs.80,000/-. In the Trial

Court, the accused were convicted and sentenced to undergo

simple imprisonment for one month and to pay a compensation

of Rs.80,000/-. In the appeal the sentence was modified as

imprisonment till rising of the Court and to pay compensation

of Rs.1,25,000/-, in default to undergo simple imprisonment for

three months.

2. I heard the learned counsel for the revision petitioners,

learned counsel for the complainant and the public prosecutor.

Crl.R.P. No: 1622 of 2003
:2:

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 petitioners 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 petitioners/accused failed to make the

payment within 15 days of receipt of the statutory notice. Both

the courts have considered and rejected the defence set up by

the revision petitioners 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.

Crl.R.P. No: 1622 of 2003
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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.40,000/-

each would meet the ends of justice. The said fine shall be

paid as compensation under Section 357(1) of Cr.P.C. The

Revision petitioners are 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 Court in

case of direct payment. If they fail to deposit or pay the said

amount within the aforesaid period, they 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.

Crl.R.P. No: 1622 of 2003
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6. In the result, this Revision petition is disposed of

confirming the conviction entered by modifying the sentence

imposed on the revision petitioners.

M. L. JOSEPH FRANCIS
( Judge)

dl/