BIJU Vs. SASIDHARAN NAIR

JUDGEMENT

(1.) THIS Revision petition is filed by the accused in C.C. No. 553 of 1999 on the file of the J.F.C.M.Court, Ramankary challenging the conviction and sentence passed against him for the offence punishable under Section 138 of N.I. Act. The cheque amount was Rs.30,000/-. In the Trial Court, the accused was convicted and sentenced him to undergo S.I. for a period of six months and to pay a fine of Rs.5,000/- In default of payment of fine, he has to undergo S.I. for a further period of 3 months. In appeal filed against that conviction and sentence, the appellate court confirmed the conviction and sentence by reduced the substantive sentence to S.I. for three months. The fine awarded by the court below is retained but the default sentence was reduced to 45 days.

(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.35,000/- 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.