Courts have discretion to adjust sentences based on the offender's circumstances, even when maintaining a conviction under the Negotiable Instruments Act.

O R D E R

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Revision petitioner was prosecuted by the 1st respondent in C.C.No.304/1998 before the Judicial Magistrate of the 1st Class, Chavakkad, accusing offence under Section 138 of the Negotiable Instruments Act with a plea that the revision petitioner owed a sum of Rs.10,000/- and in discharge of the same Ext.P1 cheque was issued and that when presented for collection it was returned dishonoured for insufficient funds and despite the notice demanding discharge the liability was not discharged.

2. The trial court found the revision petitioner guilty.

Consequently, he was convicted and sentenced to simple imprisonment for three months and a fine of Rs.12,000/-. In Crl.A.No.366/1999, the sentence was reduced by the Sessions Judge, Thrissur to simple imprisonment for two months with direction to pay Rs.12,000/- as compensation. Assailing the legality, correctness and propriety of the above conviction and sentence as modified in appeal, this Revision Petition is preferred.

3. When the Revision Petition came up for hearing Sri.K.V.Ramabhadran, the learned counsel appearing for the revision petitioner, would submit that half of the cheque amount is already deposited before the trial court and that the revision petitioner is a coolie and the financial difficulties led him to face the prosecution. The learned counsel would further submit that he is not assailing the conviction but the sentence is assailed with a plea for leniency.

4. Having heard either side, I find merit in the submission made by the learned counsel for the revision petitioner. I find that the revision petitioner is entitled to a little leniency in sentence and that a sentence of imprisonment till the rising of the court and a fine of Rs.3,000/- with direction to pay Rs.15,000/- as compensation to the 1st respondent would meet the ends of justice.

5. In the result, this Revision Petition is allowed in part.

While confirming the conviction, the sentence is reduced to imprisonment till the rising of the court and a fine of Rs.3,000/-. The revision petitioner is further directed to pay Rs.15,000/- as compensation to the 1st respondent. In default of payment of fine and compensation, the revision petitioner shall undergo simple imprisonment for one month and three months respectively. The amount of deposit, if any, shall be credited to the fine and compensation. The revision petitioner is directed to surrender before the trial court which shall see the execution of sentence and report compliance. The revision petitioner is granted two months time to remit the balance compensation.

(P.S.GOPINATHAN, JUDGE)

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