P.G.Sebastian & ANR.
Vs. State of Kerala [2009] INSC 639 (27 March 2009)
Judgment
CRIMINAL APPELLATE
JURISDICTION CRIMINAL APPEAL NOS.565-566 OF 2009 (Arising out of S.L.P. (Crl.)
Nos.3585-3586 of 2008) P.G. Sebastian & Anr. ...Appellant(s) Versus State
of Kerala ...Respondent(s) O R D E R Leave granted.
Heard learned counsel
for the parties.
Appellant No.1 was
convicted by the Trial Court under Section 138 of the Negotiable Instruments
Act, 1881 [hereinafter referred to as "the Act"] and sentenced him to
pay fine of Rs.40,000/-; in default, to undergo simple imprisonment for a
period of six months. The appeal preferred by the appellant No.1 was partly allowed
by Sessions Judge, Thrissur, who upheld the verdict of guilty and conviction of
appellant No.1 but set aside the sentence imposed on him and remanded the case
to the Trial Court to continue the proceedings and imposed an appropriate
sentence and an appropriate direction under Section 357(3) Cr.P.C. coupled with
an appropriate default sentence.
Appellant No.1
challenged the judgment of Sessions Judge, Thrissur in Criminal Revision
Petition No.316 of 2000.
....2/- -2-
Although, the complainant did not challenge the appellate judgment, by an order
dated 26.9.2007 the High Court imposed substantive sentence of one week on
appellant No.1 and directed him to pay compensation of Rs.40,000/-. Thereafter,
appellant No.1 and complainant jointly filed a petition, which was registered
as Crl.
M.C. No.695 of 2008
for permission to compound the offence by stating that complainant has already
received the amount of compensation. The same was dismissed by the High Court
vide order dated 22.2.2008.
Admittedly, neither
the complainant filed revision challenging the order of the Trial Court nor the
High Court issued any rule for enhancement of sentence in the revision petition
filed by appellant No.1. This being the position, the High Court was not
justified in enhancing the sentence and directing the appellant to suffer
imprisonment for a period of one week.
Accordingly, the
appeals are allowed, order dated 3.3.2000, passed by the Sessions Judge,
Thrissur in Criminal Appeal No.404 of 1999 and orders dated 26.9.2007 and
22.2.2008 passed by the High Court in Criminal Revision Petition No. 316 of
2000 and Criminal M.C. No. 695 of 2008, are set aside.
......................J.[B.N.
AGRAWAL]
......................J.
[G.S. SINGHVI]
New
Delhi,
March
27, 2009.
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