2020 (10) TMI 725 - HC - Indian Laws

Conviction confirmed, sentence modified for elderly accused under Section 138

A. Thiyagarajan Versus M. Baskaran

The court confirmed the conviction under Section 138 of the Negotiable Instruments Act but modified the sentence for the accused, who was around 60 years ... Dishonor of Cheque - the accused was directed to pay a sum of ₹ 3,25,000/- as compensation. Default sentence was also imposed - HELD THAT:- The learned counsel appearing for the petitioner states that the petitioner is now aged about 60 years. He is said to be suffering from old age related ailments. Therefore, the learned counsel appearing for the petitioner wanted this Court to show some indulgence. The petitioner had remitted a sum of ₹ 50,000/- at the time of obtaining suspension of sentence. The petitioner has no objection for the legal heirs of the complainant to take the said amount. The petitioner is also willing to deposit a further sum of ₹ 50,000/- to the credit of S.T.C.No.449 of 2011 on the file of the Judicial Magistrate, Aundipatti, within a period of eight weeks from the date of receipt of a copy of this order. The legal heirs of Baskaran can withdraw the same. If the petitioner does not comply with the said undertaking to pay a sum of ₹ 50,000/- more within the period mentioned above, the petitioner will undergo the default sentence. Recording the said undertaking of the revision petitioner, the Judgment passed by the Courts below is modified as follows:- a) The conviction imposed on the petitioner finding him guilty of the offence under Section 138 of the Negotiable Instruments Act is confirmed. b) The sentence of imprisonment for a period of six months Simple Imprisonment is modified to five months Simple Imprisonment. c) The petitioner has already undergone the said five months Simple Imprisonment and that therefore, he need not undergo the modified sentence of imprisonment. d) The compensation directed to be paid by the petitioner is reduced to ₹ 50,000/-. The petitioner is given eight weeks from the date of receipt of a copy of this order to deposit the said amount. The legal heirs of the complainant can withdraw the amount of ₹ 50,000/- already deposited by the accused and the amount of ₹ 50,000/- to be deposited by the petitioner. e) If the petitioner fails to pay the compensation amount of ₹ 50,000/-, the petitioner will undergo the default sentence for a period of three months Simple Imprisonment. Criminal revision petition stands partly allowed. Issues:1. Conviction under Section 138 of the Negotiable Instruments Act.2. Sentencing and compensation determination.3. Default sentence imposition.Analysis:1. The case involved a complaint filed under Section 138 of the Negotiable Instruments Act, 1881, regarding a dishonored cheque. The accused was found guilty by the Court below and sentenced to one year of Simple Imprisonment along with a fine. Subsequently, an appeal was filed seeking modification of the sentence.2. The Sessions Judge modified the sentence to six months of Simple Imprisonment and imposed a compensation amount of Rs. 3,25,000 on the accused. The accused, in turn, filed a criminal revision case challenging the modification of the punishment and the compensation amount imposed.3. During the proceedings, the petitioner, aged around 60 years, requested leniency citing health issues. The petitioner had already paid Rs. 50,000 and agreed to pay an additional Rs. 50,000 as compensation. The Court accepted the petitioner's undertaking and modified the judgment accordingly:a) Confirmed the conviction under Section 138 of the Act.b) Reduced the sentence to five months of Simple Imprisonment, which the petitioner had already served.c) Reduced the compensation to Rs. 50,000, with a deadline for payment.d) Specified that failure to pay the compensation would result in a default sentence of three months of Simple Imprisonment.4. The Court partly allowed the criminal revision petition, granting relief to the petitioner by modifying the sentence and compensation amount, considering the petitioner's age and health condition.