SUBASH BABU Vs. PUSHPA G

JUDGEMENT

(1.) IN this Revision Petition filed under Section 397 read with Section 401 Cr.P.C., petitioners who were the accused in C.C. No.500 of 2007 on the file of the Judicial First Class Magistrate, Ambalapuzha challenge the conviction entered and the sentence passed against them for an offence punishable under Sec.138 of the Negotiable INstruments Act, 1881 (hereinafter referred to as 'the Act'). The cheque amount was Rs.2,00,000/-. The fine/compensation ordered by the courts below is Rs.`10,000/- each.

(2.) I heard the learned counsel for the Revision Petitioners and the learned Public Prosecutor.

(3.) WHAT now survives for consideration is the legality of the sentence imposed on the revision petitioners. In the light of the decision of the Supreme Court in Ettappadan Ahammedkutty v. E.P. Abdullakoya - 2008 (1) KLT 851 default sentence cannot be imposed for the enforcement of an order for compensation under Sec.357 (3) Cr.P.C. I am, therefore, inclined to modify the sentence to one of fine only. Accordingly, for the conviction under Section 138 of the Act the revision petitioners are sentenced to pay a fine of Rs.`2,05,000/- (Rupees two lakhs and five thousand only). Each of them will have to pay Rs.1,02,500/-. The said fine shall be paid as compensation under Section 357 (1) Cr.P.C. The revision petitioners are permitted either to deposit the said fine amount before the Court below or directly pay the compensation to the complainant within six months from today and produce a memo to that effect before the trial Court in case of direct payment. If any one of them fails to deposit or pay the said amount within the aforementioned period the defaulting petitioner shall suffer simple imprisonment for three months by way of default sentence. In the result, this Revision is disposed of confirming the conviction entered but modifying the sentence imposed on the revision petitioners.