ABDUL NASER K Vs. DHANESWARI CHITS PVT LTD

JUDGEMENT

(1.) IN this Revision Petition filed under Section 397 read with Section 401 Cr.P.C. the petitioner who was the accused in S.T. No.1005 of 2007 on the file of the Judicial First Class Magistrate (Marad Cases), Kozhikode, challenges the conviction entered and the sentence passed against him for an offence punishable under Sec.138 of the Negotiable INstruments Act, 1881 (hereinafter referred to as 'the Act'). The cheque amount was Rs. 74,946/-. The fine/compensation ordered by the lower appellate court is Rs.`74946/-.

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

(3.) WHAT now survives for consideration is the legality of the sentence imposed on the revision petitioner. 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 petitioner is sentenced to pay a fine of Rs.`69,946/- (Rupees sixty nine thousand nine hundred and forty six only). A sum of Rs.15,000/- lying in deposit before the trial court pursuant to the orders of the first appellate court shall be refunded to the 1st respondent/complainant. The said fine shall be paid as compensation under Section 357 (1) 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 one month from today and 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 aforementioned period he 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 petitioner.