SHASHI Vs. B M DINESH

JUDGEMENT

(1.) The accused convicted and sentenced for offence under Section 138 of N.I. Act is the petitioner. The trial court found him guilty of offence punishable under Section 138 of N.I. Act; convicted him thereunder and sentenced him to undergo R.I. for a term of six months and to pay a fine of Rs.12,000/- and in default to undergo R.I. for a further term of three months. On appeal filed by the petitioner the appellate court confirmed the conviction but modified and reduced the sentence to one of simple imprisonment for two months with direction to pay compensation of Rs.10,000/- and in default to undergo simple imprisonment for a further term of two months.

(2.) Counsel for the petitioner submits that on going through the records, he is not able to canvas for the contention that the conviction of the petitioner concurrently by the courts below for offence under Section 138 of N.I. Act is not tenable as there is no illegality, impropriety or irregularity in the findings arrived at by the courts below as regards guilt of the petitioner. The only request that is advanced by the counsel for the petitioner is to have the sentence modified and reduced so as to have imprisonment avoided. Respondent also is agreeable to that course. Considering the entire circumstances of the case, I am of the view that the request made by the counsel for the petitioner has to be favourably considered.

(3.) In the result, while confirming the conviction of the petitioner for offence under Section 138 of N.I. Act I modify and reduce the sentence awarded to him to one of imprisonment for one day till rising of court and to pay a compensation of Rs.10,000/- to the first respondent/complainant and in default to undergo simple imprisonment for a term of two months. The petitioner is directed to surrender before the Chief Judicial Magistrate, Kasaragod in the F.N. on 30-1-2007 to serve the sentence. He shall make payment of the compensation ordered to be paid positively on that day failing which the Chief Judicial Magistrate shall see that the sentence of imprisonment in default of payment of compensation is enforced forthwith. This revision is disposed of as above.