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Judgment
K. Harilal, J.—The Revision Petitioner is the accused in C.C. No. 389/2010 on the files of Judicial First Class Magistrate Court (Marad Cases), Kozhikode as well as unsuccessful appellant in Criminal Appeal No. 421/2011 on the files of Sessions Court, Kozhikode Division. He was prosecuted for the offence punishable u/s 138 of the Negotiable Instruments Act (for short ''N.I. Act'') on a complaint filed by the 1st respondent. After trial the learned Magistrate found the Revision Petitioner guilty of the offence punishable u/s 138 of the N.I. Act and he was convicted thereunder. He was sentenced to undergo imprisonment till rising of the court and ordered to pay a compensation of Rs. 75,000/- (Rupees Seventy Five Thousand only) to the 1st respondent u/s 357(3) of Cr.P.C. In default to undergo simple imprisonment of 30 days. Though he had preferred an appeal the appellate court also confirmed the conviction and sentence. This Criminal Revision Petition is filed challenging concurrent findings of conviction and sentence. Going by the grounds raised in the memorandum of revision petition it could be seen that none of the grounds are sufficient to invoke the revisional jurisdiction under Sections 397 and 401 of the Code of Criminal Procedure. The counsel for the Revision Petitioner submits that challenge under this Revision Petition will be confined to sentence only. The counsel further submits that the matter is almost settled. The Revision Petitioner has already deposited Rs. 25,000/- (Rupees Twenty Five Thousand only) before the appellate court at the time of appeal and the learned counsel seeks four months'' time to pay the balance amount as compensation. In a prosecution u/s 138 of the N.I. Act, compensatory aspect would get much priority than punitive aspect and the loss sustained by the dishonour of the cheque can be restored by way of compensation. The Revision petitioner is aged 67 and now he has no job or income. Therefore he is unable to raise the fund forth with as ordered by the court below. Having regard to the nature and gravity of the offence and the submissions made by the learned counsel at the bar, four months time is given to pay the balance amount of compensation. Consequently, conviction is confirmed and this revision petition is disposed of subject to the following conditions.
i) The Revision Petitioner shall undergo simple imprisonment for one day till rising of the court.
ii) The Revision Petitioner shall pay Rs. 75,000/- (Rupees Seventy Five Thousand only) to the 1st respondent as compensation within a period of four months from today. If he has already deposited Rs. 25,000/- (Rupees Twenty Five Thousand only) he is liable to pay Rs. 50,000/- only.
iii) The Revision Petitioner shall surrender before the trial court to suffer substantive sentence of simple imprisonment as ordered above on or before 08/08/2013 with sufficient proof to show the payment of compensation.
iv) In default the Revision Petitioner shall undergo simple imprisonment for thirty days.
This Criminal Revision Petition is disposed of accordingly.