The court holds that modifications to sentences are permissible under the circumstances to ensure justice, particularly regarding compensation for victims.

O R D E R

The first respondent herein prosecuted the revision petitioner in S.T.No.810/1999 on the file of the Judicial Magistrate of First Class, Chittur accusing offence under Section 138 of the Negotiable Instruments Act (N.I.Act) based on a cheque for Rs.10,000/-. After full fledged trial, the learned Magistrate arrived at a finding of guilty. Consequently the revision petitioner was convicted and sentenced to simple imprisonment for one month and a fine of Rs.5,000/- with a default sentence of simple imprisonment for 15 days.

2. Aggrieved by the above conviction and sentence, the revision petitioner preferred Crl.A.No.287/2001 before the Sessions Judge, Palakkad. The IInd Additional Sessions Judge to whom the appeal was made over, by the impugned judgment dated 18.1.2004, while confirming the conviction and sentence dismissed the appeal. Assailing the legality, correctness and propriety of the above conviction and sentence, the revision petition is filed.

: 2:

3. Today when the revision petition came up for hearing, Sri. Ravi K. Pariyarath, the learned counsel appearing for the revision petitioner would submit that he is not assailing the conviction and that the sentence alone is assailed. Submission of the learned counsel is recorded. According to the learned counsel, the offence alleged arises out of a business transaction and because of the financial difficulty, the revision petitioner could not discharge the liability. On that reason, the learned counsel sought for leniency in sentence. Going by the sentence imposed, I find that no compensation is awarded to the 1st respondent and on that reason, the sentence requires modification.

4. Having due regard to the facts and circumstances of the case, I find that a sentence of imprisonment till the rising of the court and a fine of Rs.4,000/- with direction to pay Rs.15,000/- to the 1st respondent as compensation would meet the ends of justice.

In the result, the 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.4,000/-

: 3:

with direction to pay Rs.15,000/- to the 1st respondent as compensation. In default of payment of fine and compensation, the revision petitioner shall undergo simple imprisonment for one month and four months respectively. The revision petitioner is granted three months time to remit the compensation. He is directed to surrender before the trial court which shall see the execution of sentence and report compliance. Deposit, if any, shall be given credit.

Sd/-

P.S. GOPINATHAN, JUDGE.

cl

/true copy/

P.S. to Judge

: 4:

: 5: