S. SUBRAMANIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in C.C.No.243/1998 before the Additional Chief Judicial Magistrate's Court, Economic Offences, Ernakulam, in a prosecution under Sec. 138 of the Negotiable Instruments Act. The Magistrate convicted the petitioner and sentenced him to undergo simple imprisonment for six months and to pay a fine of INR 1.00 lakh, with a default sentence of three months' simple imprisonment. Out of the fine amount, if realised, INR 96,000.00 was directed to be paid to the 2nd respondent herein. In Crl.Appeal No.327/2003, the Vth Additional Sessions Judge, Ernakulam, confirmed the conviction, but modified the substantive sentence by reducing simple imprisonment to three months and reducing the fine to INR 90,000.00, of which INR 85,000.00 was directed to be paid to the complainant, with a default sentence of three months' simple imprisonment. The petitioner is challenging the judgments of the courts below. After arguing for some time, the learned counsel for the petitioner confines relief for reducing the substantive sentence of imprisonment and for six months' time to pay the compensation amount.

(2.) Having considered the matter, I dispose of this Criminal Revision Petition as follows:

(3.) The conviction of the petitioner is confirmed. The substantive sentence of imprisonment is modified as imprisonment till rising of the court. The petitioner shall appear before the Magistrate to undergo the substantive sentence of imprisonment on 6.6.2013 after paying the compensation amount. Till 6.6.2013 the Magistrate shall keep the execution of the sentence in abeyance. The amounts already paid shall be given due credit for.