VIJAYAN Vs. SADANANDAN K

JUDGEMENT

(1.) In this Special Leave Petition we are called upon to consider whether a default sentence can be imposed when compensation is awarded under sub-section (3) of Section 357 of the Code of Criminal Procedure.

(2.) In the instant case, the petitioner stood convicted by the Judicial Magistrate, First Class, Court-II, Pathanamthitta, of an offence under Section 138 of the Negotiable Instruments Act, 1881, and sentenced to undergo simple imprisonment for one year and to pay a sum of Rs.8,25,000/- as compensation to the complainant/ Respondent No.1 herein under Section 357(3) of the Code of Criminal Procedure, (Cr.P.C.in short) and in default to undergo simple imprisonment for a further period of six months. On appeal (Criminal Appeal No. 41/2006, the Additional District and Sessions Judge by her order dated 27th March, 2007 confirmed the judgment of conviction and sentence passed by the learned Magistrate. In revision, being Criminal Revision Petition No.1836 of 2007-D, the Kerala High Court by its judgment dated 28th May, 2007, while upholding the conviction, modified the sentence from imprisonment for a year to imprisonment till the rising of the Court and to pay a compensation of Rs.8,25,000/- to the complainant under Section 357(3) Cr.P.C. and in default to undergo Simple Imprisonment for six months.

(3.) It is the said order of the Kerala High Court, which has been impugned in the instant Special Leave Petition.