V. P. UNNIKRISHNAN Vs. BIJU MATHEW

JUDGEMENT

(1.) THE revision petitioner is the accused who faced the prosecution for the offence punishable under section 138 of Negotiable Instruments Act and in this revision petition he challenges his conviction and sentence.

(2.) AS this Court is not inclined to interfere with the order of conviction, the learned counsel for the revision petitioner submitted that the sentence imposed against the revision petitioner is unreasonable and exorbitant and hence a lenient view may be taken in the matter of sentence.

(3.) IN the result, this revision petition is disposed of confirming the conviction against the revision petitioner u/s.138 of Negotiable Instruments Act as recorded by the courts below. Accordingly, the sentence of imprisonment ordered by the trial court, which confirmed by the appellate court is modified and reduced the same to one day simple imprisonment ie., till the rising of the court and the revision petitioner is sentenced to pay a fine of Rs.62,500/- within 3 months from today and in default in depositing the fine amount within the above stipulated period, the revision petitioner is directed to undergo simple imprisonment for a further period of 3 months. Accordingly, the revision petitioner is directed to appear before the trial court on 19.04.2011, to receive the modified sentence of imprisonment and to deposit the fine amount as fixed by this Court. In case, any failure on the part of the revision petitioner in appearing before the court below as directed above and in depositing the fine amount, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence awarded against the revision peti- tioner. On realisation of the fine amount, a sum of Rs.60,000/- shall be paid to the complainant as compensation u/s.357(l)(b) of Cr.P.C. and the remaining amount shall be deposited in the State Exchequer. The execution of warrant if any, pending against the revision petitioner shall be deferred till 19.04.2011.