IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 121 of 2003()
1. SHAJI THOMAS, AUTO CONSULTANT,
... Petitioner
Vs
1. M/S.BENZ AUTOMOBILES, BANERJI ROAD,
... Respondent
2. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.JOSY ANTONY
For Respondent :SRI.P.GOPAKUMARAN NAIR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :01/07/2010
O R D E R
M.Sasidharan Nambiar, J.
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Crl.R.P.No.121 of 2003
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ORDER
Petitioner, the accused in C.C.No.128/1998 on
the file of Additional Chief Judicial Magistrate’s
Court (Economic Offences), Ernakulam, was convicted
and sentenced to rigorous imprisonment for two
months and a compensation of Rs.5,000/- and in
default, simple imprisonment for two months for the
offence under Section 138 of Negotiable Instruments
Act. First respondent is the complainant.
Petitioner challenged the conviction and sentence
before Sessions Court, Ernakulam in Crl.A.No.
254/2000. Learned Additional Sessions Judge, on re-
appreciation of evidence, confirmed the conviction,
but, modified the sentence to simple imprisonment
from rigorous imprisonment. It is challenged in the
revision.
2. Learned counsel appearing for the petitioner
and first respondent were heard.
CRRP 121/03 2
3. Exhibit P1, the dishonoured cheque, is for
Rs.17,802.70 and was issued on 30.11.1994. The fact
that the cheque was dishonoured for want of
sufficient funds and first respondent had complied
with all statutory formalities are not disputed.
Learned counsel appearing for the petitioner
submitted that subsequent to the filing of the
complaint, petitioner paid Rs.8,000/- to the first
respondent and that fact was admitted by PW1 before
the trial court and it is recorded by the learned
Magistrate in paragraph 10 of the judgment. It is
also submitted that as directed by this Court, for
getting suspension of the sentence, petitioner
deposited half of the cheque amount before the
trial court and by depositing half of the cheque
amount and paying Rs.8,000/-, as admitted by PW1,
petitioner has already paid Rs.16,900/- and only
less than Rs.1,000/- remains to be paid and
therefore, interest of justice will be met if the
sentence is modified.
CRRP 121/03 3
4. Learned counsel appearing for the first
respondent submitted that though first respondent
has received Rs.8,000/-, as admitted by PW1, he has
no information about the deposit before the trial
court and the sentence could be modified in
accordance with law.
5. On going through the judgments of the courts
below, I find no reason to interfere with the
conviction for the offence under Section 138 of
Negotiable Instruments Act. But, considering the
fact that petitioner has paid Rs.8,000/- out of
Rs.17,802.70, due under the dishonoured cheque,
interest of justice will be met if the sentence is
modified to imprisonment rill rising of court and a
compensation of Rs.12,000/- to be paid to the first
respondent and in default simple imprisonment for
one month.
Revision is allowed in part. Conviction of the
petitioner for the offence under Section 138 of
Negotiable Instruments Act is confirmed. The
CRRP 121/03 4
sentence is modified to imprisonment till rising of
court and a compensation of Rs.12,000/- to be paid
to the first respondent and in default simple
imprisonment for one month. If petitioner has
deposited any amount before the Magistrate as
directed by this Court to suspend the sentence, he
need deposit only the balance amount. Petitioner is
also permitted to pay the balance amount directly
to the first respondent and produce the receipt and
satisfy the Magistrate that compensation has been
paid. Petitioner is directed to appear before
Additional Chief Judicial Magistrate (Economic
Offences), Ernakulam on 10.08.2010. Chief Judicial
Magistrate is directed to execute the sentence.
1st July, 2010 (M.Sasidharan Nambiar, Judge)
tkv
CRRP 121/03 5
M.Sasidharan Nambiar, J.
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Crl.R.P.No.121 of 2003
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ORDER
1st July, 2010