P. Devadasan vs T. Venugopal and State of Kerala

V.K. Mohanan, J.—The accused in a prosecution for the offence u/s 138 of the NI Act is the revision Petitioner. The challenge is against his conviction and sentence for the said offence.

The learned Counsel for the Petitioner submitted that the Petitioner has no contention on merit but he requires some time to compensate the complainant. Having regard to the facts and circumstances involved in this case, I am of the view that the said submission requires positive consideration.

The cheque in question is dated 13.08.2008, that too, for an amount of Rs. 50,000/-. As per the findings of the courts below which approved by this Court, the said amount is due to the complainant and the said amount with the revision Petitioner for more than two years. Therefore, while granting some time to the accused to pay the cheque amount, I am of the view that the interest of the complainant has also to be protected.

In the result, this revision petition is disposed of confirming the conviction of the revision Petitioner u/s 138 of the NI Act as recorded by the courts below. Accordingly, while confirming the sentence of imprisonment as already ordered by the courts below, the Petitioner is directed to pay a compensation of Rs. 55,000/- to the complainant within three months from today and in default, the Petitioner is directed to undergo simple imprisonment for a period of 30 days. The learned Counsel for the Petitioner submitted that the Petitioner has already deposited a sum of Rs. 5,000/- in the trial court in terms of the order passed by the appellate court while suspending the execution of sentence. If that be so, and the said amount is retained in the trial court, the Petitioner is entitled to get credit of that amount and he need to deposit a further sum of Rs. 50,000/- in the trial court towards the payment of the entire amount of compensation fixed by this Court. It is made clear that the Petitioner is free to pay the above balance amount of Rs. 50,000/- either directed by the complainant or deposit the same in the trial court whichever submitted to the satisfaction of the learned Magistrate. Thus, on depositing the amount of Rs. 50,000/- the trial court is directed to disburse a sum of Rs. 55,000/- or Rs. 5,000/- being the balance, as the case may be, to the complainant as compensation u/s 357(3) of Code of Criminal Procedure Accordingly, the revision Petitioner is directed to appear before the trial court on 31.08.2011 to receive the modified sentence and to pay the compensation amount. If there is any failure on the part of the revision Petitioner in complying with any of the above condition, the trial court is free to take steps to execute the sentence and for realisation of compensation amount. Coercive steps if any pending against the revision Petitioner shall be deferred till 31st August, 2011.

The Crl.R.P is disposed of accordingly.