Ajimon M.P vs K.R.Thampi

Mary Joseph, J

This revision is filed against judgment dated 12.08.2021 of Court of Additional Sessions Judge-IV, Kottayam (for short 'the appellate court') in Criminal Appeal No.198/2018 which confirmed the finding of guilt of the revision petitioner under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the NI Act') and order of conviction and sentence passed by judgment dated 13.11.2018 by the Court of Chief Judicial Magistrate, Kottayam (for short 'the trial court') in S.T.No.69/2017. The revision is filed against the concurrent findings of guilt, orders of conviction and sentence.

Though the learned counsel for the revision petitioner has invited this Court's attention to an amendment of the complaint permitted by the trial court, this Court could notice on a perusal of the amendment incorporated that those in no way was prejudicial to the revision petitioner. Only some clerical errors were sought to be corrected and amendments of complaint to that extent and that too at the inception of lodging of the complaint are permissible.

This Court is not convinced on the basis of the argument that the passing of the concurrent judgments by the courts below, in no way attracts any jurisdictional error based on which alone the Apex court has held in Bir Singh vs. Mukesh Kumar [2019 (1) KHC 774 (SC)] that revisional powers can be exercised.

However, the learned counsel for the revision petitioner has sought for some indulgence in the matter of imposition of sentence by courts below. This Court finds that both the trial court as well as the appellate court has imposed a punishment of imprisonment for three months and to pay a compensation of Rs.80,000/- under Section 357(3) Cr.P.C. and to undergo simple imprisonment for three months, in case of default of payment of compensation.

The liability covered by the disputed cheque is only Rs.80,000/- and therefore this Court is inclined to modify the substantive sentence of simple imprisonment for three months to simple imprisonment till rising of the court. This court is also inclined to grant one months' time for paying the compensation to the 1st respondent.

Accordingly, the revision is allowed in part. The substantive sentence of simple imprisonment for three months is modified to simple imprisonment till rising of the court. The time for payment of compensation is also enlarged further to one month from this day. The trial court shall keep execution of coercive steps, if any already issued, in abeyance till 10.11.2021. If the revision petitioner fails to surrender before the trial court on 10.11.2021 to serve the substantive sentence of simple imprisonment till rising of the court and to make the compensation to the complainant on or before that date, the trial court shall proceed to execute the sentence as imposed by the trial court and confirmed by the appellate court.