IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 2347 of 2005()
1. SOMANATHAN, SREERANGAM,
... Petitioner
Vs
1. N.K.RAGHAVAN, SANTHOSH, PAZHAVEEDU P.O.
... Respondent
2. STATE OF KERALA, REP. BY THE PUBLIC
For Petitioner :SRI.C.V.MANUVILSAN
For Respondent :SMT.C.G.BINDU
The Hon'ble MR. Justice K.T.SANKARAN
Dated :27/11/2006
O R D E R
K.T. SANKARAN, J.
………………………………………………………………………..
CRL. R.P. 2347 OF 2005
………………………………………………………………………..
Dated this the 27th November, 2006
O R D E R
The petitioner is the accused in C.C.No. 249 of 2003 on the file of
the court of the Judicial Magistrate of the First Class, Ramankary. He was
convicted for the offence under section 138 of the Negotiable Instruments
Act and was sentenced to undergo simple imprisonment for six months
and to pay a sum of Rs. 33,000/- as compensation under section 357(3) of
the Code of Criminal Procedure and in case of default of payment of
compensation, to undergo simple imprisonment for three months. The
petitioner challenged the conviction and sentence in Crl. Appeal. No. 262
of 2004 on the file of the court of the Addl. Sessions Judge, Alappuzha.
The appellate court confirmed the conviction and sentence.
2. Counsel for the petitioner submits that a sum of Rs. 11,000/-
(Rupees eleven thousand only) was deposited by the petitioner /accused
before the trial court, as directed by this court in the order dated 13th
september, 2005. He also submits that the sentence of imprisonment for
six months is too harsh and that in the nature of the offence and facts and
CRL.R.P. 2347 OF 2005
2
circumstances of the case, it would be reasonable to impose a very
minimum sentence of imprisonment. He also submits that the petitioner is
prepared to pay the balance amount of compensation within a period of
one month. Learned counsel for the first respondent agrees that one
month’s time can be granted to the petitioner to pay the balance amount of
compensation . The first respondent has no objection to reduce the
sentence of imprisonment as imprisonment till the rising of the court.
3. Having heard the counsel for the parties and also considering
the facts and circumstances of the case, I am inclined to reduce the
sentence as imprisonment till the rising of the court and to grant one
month’s time to the petitioner to pay the balance amount of
compensation .
4. In the result, the Crl. Revision Petition is allowed in part.
Conviction of the petitioner is confirmed. The sentence of imprisonment is
reduced to imprisonment till the rising of the court. The direction to pay
compensation of Rs. 33,000/- is also confirmed. The petitioner is granted
CRL.R.P. 2347 OF 2005
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one month’s time to pay the amount of compensation. Since the petitioner
has already remitted a sum of Rs. 11,000/-, he need pay only the balance
amount of Rs.22,000/- (Rupees twenty two thousand only) within a period
of one month from today. In case, the petitioner commits default in
payment of compensation, he shall undergo simple imprisonment for one
month and to that extent, the sentence is modified.
The first respondent/ complainant will be entitled to withdraw the
amount deposited by the petitioner/accused before the trial court.
K.T. SANKARAN,
JUDGE.
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