P S RAJU Vs. KURUVILA JOHN

JUDGEMENT

(1.) The petitioner was found guilty for the offence under section 138 of the Negotiable Instruments Act and he was sentenced to undergo simple imprisonment for a term of three months . The accused was further directed to pay a sum of Rs. 50,000/- as compensation to the complainant under section 357(3) of the Code of Criminal Procedure . The appeal filed by the revision petitioner/accused was dismissed, confirming the conviction and sentence.

(2.) Learned counsel for the petitioner submits that the sentence of imprisonment for a term of three months is too harsh, particularly, since the petitioner is a heart patient. The petitioner is prepared to pay the compensation amount provided a reasonable time is granted to deposit the same. Heard learned counsel for the first respondent as well. He submitted that the first respondent is interested in getting his money and that the petitioner may be directed to pay the amount at the earliest.

(3.) Taking into account the facts and circumstances of the case and the fact that the petitioner is a heart patient, I am inclined to reduce the sentence of imprisonment to imprisonment till the rising of the court and to grant three months' time to pay the amount of compensation . In the result, the Crl. Revision Petition is partly allowed in the manner indicated below: