The court has the authority to modify sentences while upholding compensation orders under Section 138 of the NI Act.

ORDER

Dated this the 26th day of October, 2021 The revision on hand is filed against concurrent findings of guilt of the revision petitioner under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘the NI Act’) and orders of conviction and sentence passed by Judicial First Class Magistrate Court I, Kattappana (for short ‘the trial court’) in C.C.No.303/2013 and Additional Sessions Court-IV, Thodupuzha (for short ‘the appellate court’) in Crl.Appeal No.130/2017. 2. The learned counsel for the revision petitioner has not argued much on merits but only urged to modify the substantive sentence of simple imprisonment for one month to one of short duration.

3. The trial court vide it’s judgment in C.C.No.303/2013 directed the revision petitioner to undergo simple imprisonment for three months and pay a sum of Rs.2,63,600/- as compensation to the complainant and in default to undergo simple imprisonment for another one month. When the judgment of the trial court was assailed, the appellate court has confirmed the finding of guilt of the revision petitioner and modified the substantive sentence by reducing it to simple imprisonment for one month. The direction to pay the compensation and suffer sentence in case of default were maintained.

4. This Court has noticed that the compensation directed to be paid is Rs.2,63,600/-. The substantive sentence imposed by the appellate court being simple imprisonment for one month, there is every reason to modify it to imprisonment till rising of the court. The direction to pay Rs.2,63,600/- as compensation and the default sentence are not interfered with. In the prevalent Covid-19 scenario, as of indulgence, this Court is inclined to grant time till 15.01.2022 for payment of the compensation to the complainant.

The revision stands allowed in part modifying the substantive sentence of imprisonment for one month to imprisonment till rising of the court. Time is also enlarged to pay the compensation to the complainant till 15.01.2022. The trial court shall not proceed with coercive steps to execute the sentence against the revision petitioner till 15.01.2022. The revision petitioner shall surrender before the trial court to serve the modified substantive sentence of simple imprisonment till rising of the court within the time extended by this Court. The revision petitioner shall also see that the compensation amount of Rs.2,63,600/- is given to the complainant and a memo evidencing receipt of the same by the complainant is filed on or before 15.01.2022. In the event of failure of the revision petitioner to surrender before the court to serve the substantive sentence and to make the payment of the compensation and file the memo on or before 15.01.2022, the trial court shall proceed to execute the sentence forthwith.