Hon'ble Judges/Coram:
Dipak Misra, C.J.I., A.M. Khanwilkar and Dr. D.Y. Chandrachud

JUDGMENT

A.M. Khanwilkar, J.

1. This appeal, by special leave, arises from order dated 10^th February, 2012 passed by the High Court of Kerala at Ernakulam in Criminal Revision Petition No. 3075/2011.

2. The Appellant was convicted by the Judicial First Class Magistrate-II, Ottapalam, for offence punishable Under Section 138 of the Negotiable Instruments Act, 1881 and was sentenced to undergo simple imprisonment for 3 months and to pay a compensation of Rs. 2,45,000/- to the Complainant Under Section 357(3) of the Code of Criminal Procedure, 1973, vide his order dated 30^th March, 2010 passed in Summary Trial No. 69/2008. In default of payment of compensation, the Appellant was directed to undergo further simple imprisonment of 15 days.

3. Assailing the judgment of conviction and order of sentence passed by the Judicial First Class Magistrate-II, Ottapalam, the Appellant filed an appeal before the Court of Additional Sessions Judge, Palakkad Division at Ottapalam, which came to be dismissed on 5^th August, 2011. Feeling aggrieved, the Appellant approached the High Court of Kerala at Ernakulam by way of criminal revision petition, being Criminal Revision Petition No. 3075/2011. The High Court confirmed the order of conviction and sentence passed by the Trial Court and as confirmed by the lower Appellate Court whilst dismissing the criminal revision petition on 10^th February, 2012. Aggrieved by the said order passed by the High Court, the Appellant has approached this Court by way of special leave petition.

4. This Court issued notice to the Respondents. Respondent No. 1 is represented by Advocate Mr. G. Prakash, (AOR). No appearance has been entered on behalf of Respondent No. 2 (Complainant). When the matter was taken up for hearing on 15^th January, 2018, the Court was informed that the Appellant has already deposited the compensation amount of Rs. 2,45,000/- (Rupees two lac forty five thousand). However, considering the submissions made on behalf of the Appellant, the Court passed the following order:

Let the matter be listed on 12.2.2018 to enable the Petitioner to deposit a further sum of Rs. 1,00,000/- (Rupees one lac only) before the trial Court. After the deposit is made, the trial Court shall issue notice to the Complainant for withdrawal of the amount.

If the proof of withdrawal is filed before this Court, this Court may consider for waiver of the sentence relating to imprisonment.

5. Hearing of the case was accordingly deferred. The Appellant has now produced a receipt dated 5^th February, 2018 of having deposited sum of Rs. 1 lac (Rupees one lac) in the Trial Court in terms of our order dated 15^th January, 2018. Office Report dated 8^th February, 2018 indicates that Respondent No. 2 has been duly served. However, no appearance has been entered on behalf of Respondent No. 2 till date.

6. After considering the submissions and going through the record of the case, we are of the opinion that it is not possible to interfere with the concurrent finding........