S SUDHAKARAN PILLAI Vs. RADHAKRISHNAN

JUDGEMENT

(1.) THIS Revision petition is filed by the accused in C.C. No. 37 of 1998 on the file of the Judicial First Class Magistrate Court -I, Neyyattinkara challenging the conviction and sentence passed against him for the offence punishable under Section 138 of N.I. Act. The cheque amount was Rs.77,170/-. In the Trial Court, the accused was convicted and sentenced to undergo simple imprisonment for a period of six months under Section 138 of the N.I. Act. He was also directed to pay compensation of Rs.75,000/- to the complainant under Section 357(a) of Cr.P.C., in default to undergo further imprisonment for a period of two months. The appeal filed against that conviction and sentence was allowed in part and in supercession of the sentence passed the accused was sentenced to undergo imprisonment for one day till the rising of the court and he was ordered to pay compensation of Rs.78,000/- as provided by Section 357(3) Cr.P.C. and in default to undergo simple imprisonment for three months.

(2.) I heard the learned counsel for the revision petitioner, learned counsel for the complaint and the public prosecutor.

(3.) IN the decision reported in Damodar S. Prabhu v. Sayed Babalal H (2010(2) KHC 428 (SC)), it was held that in a case of dishonour of cheques, compensatory aspect of the remedy should be given priority over the punitive aspect. Considering the facts and circumstances of the case, I am of the view that sentencing the accused to pay a fine of Rs.78,000/- would meet the ends of justice. The said fine shall be paid as compensation under Section 357(1) of Cr.P.C. The Revision petitioner is permitted either to deposit the said fine amount before the Court below or directly pay the compensation to the complainant within six months from today and to produce a memo to that effect before the Trial Court in case of direct payment. If he fails to deposit or pay the said amount within the aforesaid period, he shall suffer simple imprisonment for three months by way of default sentence. The amount, if any, deposited in the trial court by the accused can be given credit to.