IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 Crl.Rev.Pet.No. 3430 of 2008() ------------------------------ CRA.544/2006 of I ADDL. SESSIONS COURT, PALAKKAD ST.2864/2002 of JUDL.FIRST CLASS MAGISTRATE COURT, OTTAPPALAM .................... REVN. PETITIONER(S): APPELLANTE/ACCUSED:- ----------------------------------------------------- P.P. JANARDHANAN, S/O. PADMANABHAN, PARAKUNNATH VEETTIL, NEDUMPURAM P.O., CHERUTHURUTHY, THRISSUR DISTRICT. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S): RESPONDENTS COMPLAINT AND STATE:- ---------------------------------------------------------------- 1. T.A. SASIDHARAN, S/O. ACHUTHAN, THANISSERY VEETTIL VETTIKKATTIRI P.O., CHERUTHURUTHY, THRISSUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,COCHIN 682 031. BY PUBLIC PROSECUTOR SRI.C.M. NAZAR FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO. 3430 OF 2008 =========================== Dated this the 11th day of November,2008 ORDER Revision petitioner is the accused and first respondent the complainant in S.T.2864/2002 on the file of Judicial First Class Magistrate, Ottapalam. First respondent lodged the complaint contending that towards repayment of Rs.1,00,000/- borrowed by petitioner, he issued Ext.P1 cheque drawn in Cheruthuruthy branch of Dhanalakshmi Bank dated 13.2.2002 and when the cheque was presented for encashment through Shornur branch of Canara Bank where first respondent has an account, it was dishonoured under Ext.P2 for want of sufficient funds. Inspite of Ext.P4 notice served on the petitioner demanding the amount, he did not pay and thereby committed the offence. Petitioner pleaded not guilty. Learned Magistrate on the evidence of first respondent as PW1 and petitioner as DW2 and a witness as DW1 and Exts.P1 to P4 and D1 to D4 found CRRP 3430/2008 2 the petitioner guilty. He was convicted and sentenced to simple imprisonment for six months and to pay a compensation of Rs.1,00,000/- and in default simple imprisonment for two months. Petitioner challenged the conviction and sentence before Sessions Court, Palakkad in Crl.A.544/2006. Learned Additional Sessions Judge on reappreciation of evidence confirmed the conviction and sentence and dismissed the appeal. It is challenged in this revision. 2. Learned counsel appearing for petitioner was heard. 3. Learned counsel appearing for petitioner did not challenge the conviction but sought modification of the sentence and six months time for payment of the amount. So long as the sentence is not varied or modified against the interest of first respondent, it is not necessary to issue notice to first respondent. 4. The evidence establish that Ext.P1 cheque was issued towards repayment of the amount borrowed. It is also proved that the cheque was dishonoured for want of sufficient funds and first CRRP 3430/2008 3 respondent has complied with all the statutory formalities provided under section 138 and 142 of Negotiable Instruments Act. Conviction of the petitioner for the offence under section 138 is legal. Considering the nature of the offence, interest of justice will be met, if the sentence is modified to imprisonment till rising of the court and a fine of Rs.1,10,000/- and in default simple imprisonment for three months. Revision Petition is allowed in part. On realisation of the fine, Rs.1,00,000/- to be paid to first respondent as compensation under section 357(1) of Code of Criminal Procedure. Petitioner is granted six months time from today as prayed for to pay fine. Petitioner is directed to appear before the Judicial First Class Magistrate, Ottapalam on 26.5.2009. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006