P K SOMAN Vs. V T ANILKUMAR

JUDGEMENT

(1.) THE challenge is against the conviction and sentence imposed against the revision petitioner under Section 138 of the Negotiable Instruments Act, 1881(for short N.I.Act).

(2.) I have heard Sri. George Sebastian learned counsel appearing for the revision petitioner and also perused the judgments of the court below.

(3.) AS this Court is not inclined to interfere with the conviction, the learned counsel for the petitioner submitted that the sentence imposed by the court below is wholly unreasonable and exorbitant and therefore a lenient view is taken in the matter of sentence and a breathing time may be granted to the revision petitioner. In the light of the facts and circumstances involved in the case I am of the view that the said submission can be considered positively and the sentence of imprisonment ordered by the court below require reconsideration. In the result this revision petition is disposed of confirming the conviction of the revision petitioner under Section 138 of of the N.I.Act as recorded by the courts below. Accordingly, the sentence of imprisonment ordered by the lower court is reduced into one day imprisonment that till the rising of the court. While confirming the direction to pay compensation amount, the revision petitioner is granted one month time to pay the compensation fixed by the court below. It is made clear that the default sentence fixed by the court below will be attracted only in case of failure on the part of the revision petitioner in paying the compensation amount within one month from today. Accordingly, the revision petitioner is directed to appear before the trial court on 09.03.2011 to receive the modified sentence and to pay the compensation amount. If there is any failure on the part of the revision petitioner in paying the compensation amount and to appear before the court below to receive the sentence, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence. Coercive steps, if any, pending against the revision petitioner shall be deferred till 09.03.2011.