C.V. Krishnan vs K.V. Kunhikrishnan and The State of Kerala

V.K. Mohanan, J.—The challenge is against the conviction and sentence imposed against the revision petitioner u/s 138 of Negotiable Instruments Act.

The counsel for the revision petitioner submitted that the revision petitioner has no contention on merit but his grievance is against the unreasonable and exorbitant sentence of imprisonment imposed by the courts below and the counsel further submitted that the revision petitioner seeks some time to pay the compensation amount.

Having regard to the facts and circumstances involved in the case, I find no reason to deny the above request and according to me, while granting some time to pay the compensation, the amount can be enhanced slightly considering the fact that the cheque in question is dated 5.2.2007, that too for an amount of Rs. 3,00,000/- and the said amount, which belonged to the complainant is with the revision petitioner for the last 3 years. The apex court in a recent decision reported in Damodar S. Prabhu v. Sayed 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. Considering the above facts and the settled legal position, I am of the view that the sentence of imprisonment ordered against the revision petitioner can be modified and at the same time while granting some time to the revision petitioner to pay the compensation, the amount can be enhanced slightly.

In the result, this revision petition is disposed of confirming the conviction against the revision petitioner u/s 138 of Negotiable Instruments Act as recorded by the courts below. Accordingly, the sentence of imprisonment imposed against the revision petition is reduced to one day simple imprisonment ie., imprisonment till the rising of the court and the revision petitioner is directed to pay a sum of Rs. 3,40,000/- to the complainant as compensation u/s 357(3) of Cr.P.C., within 3 months from today and in case of default in paying the compensation amount within the stipulated time, the revision petitioner is directed to undergo simple imprisonment for 6 months. Accordingly, the revision petitioner is directed to appear before the trial court on 9.2.2011, to receive the modified sentence of imprisonment and to pay the compensation amount as revised and fixed by this Court. In case, any failure on the part of the revision petitioner in appearing before the court below as directed above and in paying the 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 awarded against the revision petitioner. The execution of warrant if any, pending against the revision petitioner shall be deferred till 9.2.2011.

Criminal revision petition is disposed of accordingly.