RADHAKRISHNAN NAIR Vs. PADMANABHAN

JUDGEMENT

(1.) This revision petition is filed by the accused in C.C. No. 474/96 on the file of the Judicial First Class Magistrate's Court - II, Thrissur challenging the judgment passed by the Trial Court on 19.6.1999 as modified by the Sessions Court, Thrissur, in Crl. Appeal No. 270/1999 by judgment dated 30.10.1999.

(2.) The revision petitioner was prosecuted for the offence punishable under S.138 of the Negotiable Instruments Act on the basis of the complaint filed by the complainant, 1st respondent herein. The Trial Court found him guilty, convicted and sentenced him to pay a fine of Rs. 1,00,000/- in default of payment to undergo S.I. for three months and directed payment of fine, if realised, to the complainant being compensation under S.357 of Cr.P.C. The accused challenged the judgment before the Sessions Court, Thrissur in Crl. A. No. 270/99. The Sessions Court, Thrissur by judgment dated 30.10.99 confirmed the finding of guilt and conviction and modified the sentence. Accordingly the appellate court sentenced the accused to undergo imprisonment till rising of the court and to pay Rs. 1,10,000/- as compensation in default of payment of compensation to undergo S.I. for three months. Hence the accused has preferred this revision petition before this Court.

(3.) The counsel for the revision petitioner vehemently contended that the appellate court has no jurisdiction to alter the sentence of fine imposed by the Trial Court into a sentence of imprisonment and compensation under S.357 of the Cr.P.C. He has also submitted that as it is now well settled that the trial Magistrate has no jurisdiction to impose a fine of more than Rs. 5,000/- while convicting and sentencing the accused under S.138 of the N.I. Act, the sentence awarded by the Trial Court is illegal since fine of Rs. 1 lakh is imposed in this case. Therefore, according to him, the appellate court should have modified the sentence by confining the fine amount to Rs. 5,000/-, which is the maximum fine awardable by First Class Magistrate under the provisions of the Cr.P.C.