SASIDHARAN Vs. VANDAMEDU DEVELOPMENT SOCIETY

JUDGEMENT

(1.) CRL.R.P.No. 418 of 2005 is filed by the accused in S.T.No. 1034 of 1998 on the file of the Judicial First Class Magistrate, Kattappana challenging the conviction and sentence of the accused under Section 138 of the N.I. Act. The cheque amount was Rs.30,210/- In the trial court the accused was sentenced to undergo S.I. for three months and to pay a compensation of rs.30,210/- to the complainant under Section 357(3) Cr.P.C., in default to undergo S.I. for one month. The appeal filed by the accused as CRL.A.No.63 of 2004 before the Sessions Court, Thodupuzha was allowed in part and the sentence was reduced to imprisonment till rising of Court and a fine of Rs.5,000/-, in default to undergo S.I. for one month. The order to pay compensation to the complainant is sustained with a modification that in default of payment of compensation, the accused shall undergo S.I. for two months. Against that judgment the accused filed CRL.R.P.No. 418 of 2005 and the complainant filed CRL.R.P.No. 1743 of 2005 for enhancement of punishment.

(2.) HEARD learned counsel for the revision petitioner, learned counsel for the complainant and the learned Public Prosecutor.

(3.) IN the decision reported in Damodar S. Prabhu v. Sayed Babalal H (2010 (2) KHC 428 (SC)), it was held that in a case of dishonour of cheques, compensatory aspect of the remedy should be given priority over the punitive aspect. Considering the facts and circumstances of the case, I am of the view that sentencing the accused to pay a fine of Rs.32,000/- would meet the ends of justice. The said fine shall be paid as compensation under Section 357(1) of Cr.P.C. The revision petitioner is permitted either to deposit the said fine amount before the Court below or directly pay the compensation to the complainant within three months from today and to produce a memo to that effect before the Trial Court in case of direct payment. If he fails to deposit or pay the said amount within the aforesaid period, he shall suffer simple imprisonment for three months by way of default sentence. The amount if any deposited in the trial court by the accused can be given credit to.