SUNNY ISSAC Vs. K.P. SUNNY

JUDGEMENT

(1.) The revision on hand is directed against the judgment dated 14.12.2017 in Criminal Appeal No. 403 of 2014 of Court of Sessions, Palakkad (for short 'the court') which arose from the judgment dated 30.10.2014 in S.T. No. 2964 of 2012 of Judicial First Class Magistrate Court, Alathur.

(2.) S.T. No. 2964 of 2012, is a prosecution launched by the first respondent under Section 142 of the Negotiable Instruments Act, 1881 (for short 'the NI Act') against the revision petitioner. Trial was held in the prosecution by the Judicial First Class Magistrate Court, Alathur and vide judgment dated 30.10.2014 in S.T. No. 2964 of 2012, a finding of guilt of the revision petitioner for the offence punishable under Section 138 NI Act was arrived at and he was convicted and sentenced to undergo Simple Imprisonment till rising of the court and pay compensation of Rs. 3,60,000/- under Section 357(3) Cr.P.C. In default of payment of compensation, the revision petitioner was also directed to undergo Simple Imprisonment for six months.

(3.) The aggrieved revision petitioner has approached the court in Crl. Appeal No. 403 of 2014 against the said judgment. When the appeal was taken up for consideration by the court, it was submitted by the appellant/revision petitioner that, out of Rs. 3,60,000/-, Rs. 1,00,000/- was already paid by him to the first respondent. The parties to the appeal also requested the court to modify the sentence by confining the fine amount payable to the complainant as compensation to Rs. 2,50,000/- and grant 9 months' time from 14.12.2017, the date of the judgment, to make the payment. Thereupon, the court allowed the appeal in part, modified the fine payable to Rs. 2,50,000/- and directed payment of the same as compensation to the first respondent under Section 357(3) Cr.P.C. within a period of nine months from 14.12.2017, the date of the judgment. The revision petitioner has approached this Court against the said modified judgment of the court in the revision on hand. As the sentence imposed is fine payable as compensation, the provision liable to be invoked by the court is Section 357(1)(b) Cr.P.C. instead of Section 357(3) Cr.P.C.