A M POULOSE Vs. P U JOSEPH

JUDGEMENT

(1.) THE revision petitioner herein is the complainant in C.C.No.318/06 on the file of the Judicial First Class Magistrate Court, Kothamangalam who is challenging the sentence passed by the court below for the reason that no default sentence is awarded against the 1st respondent/accused who was found guilty for the offence under Section 138 of the Negotiable Instruments Act and also sentenced to undergo S.I till rising of the court and to pay compensation of Rs.1,00,000/- to the complainant u/s.357(3) Cr.P.C. As per the impugned judgment dated 21/11/2009, it was also ordered by the learned Magistrate that the compensation amount, if realised, shall be paid in full to the complainant as compensation under Section 357(1) Cr.P.C. THE accused has not challenged the conviction and sentence passed against him, submitted by the learned counsel for the revision petitioner.

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

(3.) IN the result, a) This revision petition is allowed in part. b) The impugned concurrent verdict of guilty and conviction of the first respondent/accused under Section 138 of the Negotiable INstruments Act is confirmed. c) The sentence imposed on the 1st respondent/accused to undergo S.I till rising of the court and to pay a compensation of Rs.1,00,000/- to the complainant under Section 357(3) Cr.P.C is also confirmed. (d) The 1st respondent/accused is directed to pay/deposit the compensation amount of Rs.1,00,000/- within a period of three months from today and in default to undergo S.I for two months. The amount if deposited shall be released to the revision petitioner/complainant on proper application. The learned Magistrate is directed to issue notice for appearance of the 1st respondent/accused and also to his sureties to produce the 1st respondent/accused for execution of the sentence of imprisonment till rising of court imposed on the 1st respondent/accused before issuance of warrant against him.