Affirmation of conviction under NI Act while modifying substantive sentence to court’s rising.

O R D E R

This revision petition has been filed challenging the conviction and the sentence under Section 138 of the Negotiable Instruments Act , 1881 (for short ‘the NI Act’).

2. The petitioner is the accused. He was convicted for the offence under Section 138 of the NI Act by the Judicial First Class Magistrate Court (N.I. Act Cases), Ernakulam, in C.C. No.3949/2015. He was sentenced to undergo simple imprisonment for a period of three months and to pay a fine of Rs.1,50,000/-, in default to suffer simple imprisonment for a period of one month. The appeal preferred by the petitioner before the Additional District and Sessions Court-VII, Ernakulam, as Crl.A. No.93/2020 was dismissed.

3. I have heard Smt.Dhanya Babu, the learned counsel for the petitioner, Sri.E.C. Bineesh, the learned Senior Public Prosecutor and Sri.K.S. Sajeev Kumar, the learned counsel for the first respondent.

4. The learned counsel for the petitioner submitted that the petitioner does not challenge the conviction. However, the learned counsel submitted that the substantive sentence may be reduced till the rising of the court and the petitioner may be granted two weeks’

time to deposit the fine amount.

5. Having heard both sides and taking into account the entire facts and circumstances of the case, while confirming the conviction, the substantive sentence imposed against the petitioner is reduced till the rising of the court retaining the fine amount and default sentence. The petitioner shall appear before the Magistrate within two weeks from today to receive the imprisonment till the rising of the court and to deposit the fine amount. On deposit of the fine amount, the same shall be released to the first respondent as compensation.

The revision petition is disposed of as above.