MURALEEDHARAN NAIR Vs. K JAYAN

JUDGEMENT

(1.) IN this Revision Petition filed under Section 397 read with Section 401 Cr.P.C. the petitioner who was the accused in C.C. No.1833 of 2001 on the file of the Judicial First Class Magistrate-II, Kollam, 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.1,00,000/-. The fine/compensation ordered by the lower appellate court is Rs.5000/-.

(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 con