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2017 (2) TMI 1019 - KERALA HIGH COURTConviction and sentence imposed for the offence under Sec.138 of the Negotiable Instruments Act - Held that:- the revision petitioner has not disclosed any grounds so as to come to the conclusion that those concurrent findings of fact arrived at by both the courts below are tainted by gross perversity or unreasonableness. No crucial or relevant evidentiary aspects have been shut out by both the courts below. Therefore, the impugned finding of conviction is not liable to be interfered with in these revisional proceedings. As regards the question of sentence, the trial court had sentenced the accused to undergo simple imprisonment for one year and the accused shall pay compensation of ₹ 2.4 lakhs, failing which the accused shall suffer simple imprisonment for a further period of six months etc, However, while affirming the conviction, the appellate court has carefully assessed the matter and found that the sentence imposed by the trial court is slightly excessive and had accordingly ordered that the substantive sentence of one year imposed on the petitioner will stand modified and reduced as imprisonment till rising of the court and to pay compensation of ₹ 2.4 lakhs. The cheque amount in question comes to ₹ 1,97,900/-. Ext.P-2 cheque is dated 2.8.2002. The Apex Court has in various judgments held that fine amount or compensation amount as the case may be in prosecution under Sec. 138 of the Negotiable Instruments Act could be the cheque amount + 9% interest from the date of cheque upto date of realisation. Thus it cannot be said that the compensation amount of ₹ 2.4 lakhs is any way excessive or disproportionate. The cheque was issued as early as on 2.8.2002. The revision petition was filed early as on 17.5.2005 and thereafter, the petitioner has not even bothered to move the revision petition. Ordinarily, for this long lapse of time, the complainant can certainly ask for interest. In these circumstances, this Court is of the view that the compensation amount fixed by both the courts below would not require any revisional interference now. Thus neither the conviction nor the sentence deserves to be interfered with.
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