IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 3243 of 2010()
1. P.RAMESHAN,AGED 38 YEARS,
... Petitioner
Vs
1. V.PRASANTH,AGED 41 YEARS,
... Respondent
2. THE STATE OF KERALA,REPRESENTED BY
For Petitioner :SMT.P.K.PRIYA
For Respondent : No Appearance
The Hon'ble MR. Justice V.K.MOHANAN
Dated :04/11/2010
O R D E R
V.K.MOHANAN, J.
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Crl.R.P.No. 3243 of 2010
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Dated this the 4th day of November, 2010
O R D E R
Aggrieved by the order of conviction and
sentence imposed against the revision petitioner/accused
under Section 138 of the N.I.Act, this revision petition is
preferred.
2. Counsel for the revision petitioner submitted that
the petitioner has no contention on merit, but he requires
some time to pay the compensation amount. It is also the
submission of the learned counsel that since the revision
petitioner, being a school teacher and working in a
Government School, the substantive sentence imposed
against him may be set aside and the petitioner is ready to
compensate the complainant, but he requires some time for
the same.
3. Having regard to the facts and circumstances of
the case, I am of the view that the said submission requires
serious consideration. The Honourable Apex Court in the
decision reported in Damodar.S.Prabhu v. Sayed
Crl.R.PNO. 3243 of 2010
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Babalal.H. [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.
It is also relevant to note that the cheque in question is
dated 29.9.2006 and as per the findings of the courts below,
the amount covered by the cheque in question belongs to
the complainant. Therefore, I am of the view that the
sentence ordered by the revision petitioner requires some
modification and while granting breathing time to deposit
the amount, the amount can be enhanced slightly.
In the result, this Criminal Revision Petition is
disposed of confirming the conviction of the revision
petitioner under Section 138 of the N.I.Act as recorded by
the courts below. Accordingly, in modification of the
sentence ordered by the court below and in suppression of
the substantive sentence, the sentence is confined to fine
only. Accordingly, the revision petitioner is sentenced to pay
a fine of Rs.2,25,000/- (Rupees Two Lakhs Twenty Five
Thousand only) and the revision petitioner is further
directed to deposit the said amount within 45 days from
Crl.R.PNO. 3243 of 2010
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today. In case of any default in depositing the fine amount,
within the above time limit, the revision petitioner is
directed to undergo simple imprisonment for two months.
Accordingly, the revision petitioner/accused is directed to
deposit the fine amount of Rs.2,25,000/- on or before
17.12.2010. On realisation of the fine amount, an amount
of Rs.2,20,000/- shall be paid to the complainant as
compensation under Section 357(1)(b) of the Cr.P.C. and
the balance shall be paid to the State Exchequer. In case of
any failure on the part of the revision petitioner in making
the deposit of fine amount on or before the above date, the
trial court is free to take coercive steps to secure the
presence of the revision petitioner and to execute the
sentence. Coercive steps, if any, pending against the
petitioner shall be deferred till 17.12.2010.
V.K.Mohanan,
Judge.
MBS/
Crl.R.PNO. 3243 of 2010
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V.K.MOHANAN, J.
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Crl.R.PNO. 3243 of 2010
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Crl.A.NO. OF 200
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J U D G M E N T
DATED: -2-2010
Crl.R.PNO. 3243 of 2010
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Accordingly, this Criminal Revision Petition is disposed of
confirming the conviction of the revision petitioner under
Section 138 of the N.I.Act as recorded by the courts below.
Accordingly, the sentence of imprisonment now ordered by
the lower appellate court is confirmed and the
compensation amount is enhanced to Rs.,000/- which shall
be paid by the revision petitioner within three months from
today and in case of any default in paying the amount, the
revision petitioner is directed to undergo simple
imprisonment for three months and on realisation of the
compensation amount, the entire amount shall be paid to
the complainant under Section 357(3) of the Cr.P.C.
Crl.R.PNO. 3243 of 2010
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Accordingly, the revision petitioner/accused is directed to
appear before the trial court on .11.2010 to receive the
sentence and to deposit the compensation amount. In case
of any failure on the part of the revision petitioner in
appearing before the trial court and making the deposit of
compensation amount on the above date, the trial court is
free to take coercive steps to secure the presence of the
revision petitioner and to execute the sentence. Coercive
steps, if any, pending against the petitioner shall be
deferred till .11.2010.
Crl.R.PNO. 3243 of 2010
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V.K.MOHANAN, J.
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Crl.A.NO. OF 200
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J U D G M E N T
DATED: -2-2010
Crl.R.PNO. 3243 of 2010
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