T T CHAKKUNNY Vs. K N CHITHAMBARAN

JUDGEMENT

(1.) The petitioner was convicted for the offence under section 138 of the Negotiable Instruments Act and he was sentenced to undergo simple imprisonment for a period of three months. He was also directed to pay a sum of Rs. 51,000/- to the complainant under section 357(3) of the Code of Criminal Procedure and in default of payment, to undergo simple imprisonment for a period of 45 days. The petitioner filed an appeal challenging the conviction and sentence. The petition for condonation of delay was dismissed by the appellate court and consequently the appeal was also dismissed. The revision is filed challenging the dismissal of the appeal on the ground of delay.

(2.) Learned counsel for the petitioner submitted that the petitioner is prepared to pay compensation amount of Rs. 51,000/- within a reasonable time and that the sentence of imprisonment for a period of three months may be reduced in the light of the decision reported in Anilkumar vs. Shammy (2002(3) KLT 852) . Learned counsel for the first respondent submitted that the compensation awarded by the trial court was in 2005 and that it is only just and proper to enhance the compensation amount.

(3.) Taking into account the facts and circumstances of the case, I am inclined to reduce the substantive sentence to imprisonment till the rising of the court and to direct the revision petitioner to pay compensation amount of Rs. 55,000/- (Rupees fifty five thousand only) to the complainant within a period of three months. In the result, the Crl. Revision Petition is allowed in part and it is disposed of in the following manner.