C.T. SHYJU Vs. M.A. TOMJO

JUDGEMENT

(1.) Aggrieved by the order of conviction and sentence imposed against the revision petitioner under section 138 of Negotiable Instruments Act, he preferred the above revision petition.

(2.) As this Court is not inclined to interfere with the order of conviction and sentence, the learned counsel for the revision petitioner submitted that some breathing time may be granted to the revision petitioner to receive the sentence of imprisonment and to pay fine amount. Having regard to the facts and circumstances involved in the case, especially in the light of a recent decision of the Apex Court reported in Damodar S.Prabhu v. Sayed Babalal H., 2010 4 JT 457 wherein it was held that, in the case of dishonour of cheques, the compensatory aspect of the remedy should be given priority over the punitive aspects, I am of the view that, while granting some time to pay the fine amount, the fine amount can be enhanced slightly considering the fact that the cheque in question is dated 8.12.2003.