IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 Crl.Rev.Pet.No. 998 of 2003(A) ------------------------------------------------- CRA.13/2002 of SESSIONS COURT, WAYANAD, KALPETTA CC.11/1998 of JFCM, SULTHANBATHERY .................... REVN. PETITIONER/APPELLANT/ACCUSED: P.K.MADHAVAN NAIR, S/O. UKKAPPAN NAIR, PALISSAKOTTIL VEEDU, VAKERI, S. BATHERY. BY ADV. SRI.LALJI P.THOMAS RESPONDENTS/RESPONDENT/COMPLAINANT: 1. M.R.GANESH, S/O. RAMAKRISHNAN, KAMALA ESTATE, MAILAMBADY P.O., WAYANADU. 2. STATE OF KERALA, REP. BY THE DIRECTOR OF PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.THOMAS ANTONY FOR R1 PUBLIC PROSECUTORSRI.P.A.SALIM FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.P.NO.3702/2003 IN CRRP 998/2003 DISMISSED 23.6.2010 SD/-M.SASIDHARAN NAMBIAR, JUDGE /TRUE COPY/ M.Sasidharan Nambiar, J. -------------------------- Crl.R.P.No.998 of 2003 -------------------------- ORDER Petitioner was convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act in C.C.No.11/1998 by Judicial First Class Magistrate-I, Sulthan Bathery. Petitioner challenged the conviction and sentence before Sessions Court, Wayanad, Kalpetta in Crl.A.No.13/2002. Learned Sessions Judge, on re-appreciation of evidence, confirmed the conviction and sentence and dismissed the appeal. It is challenged in the revision. 2. Learned counsel appearing for the petitioner and first respondent were heard. 3. Learned counsel appearing for the petitioner did not challenge the conviction, but, only sought modification of the sentence. Learned counsel would argue that the cheque is only for Rs.25,000/- and in such circumstances, sentence may be modified and petitioner is prepared to pay compensation. Learned CRRP 998/03 2 counsel appearing for the first respondent submitted that the cheque is for Rs.25,000/- and it was issued in 1997 and no amount was so far paid. It is also submitted that first respondent has no objection for modifying the sentence provided sufficient compensation is paid. 4. Considering the fact that the cheque is only for Rs.25,000/- and no compensation was awarded to the first respondent, interest of justice will be met if the sentence is modified to imprisonment till rising of court and a compensation of Rs.30,000/- and in default, simple imprisonment for two months. Revision is allowed in part. Conviction of the petitioner for the offence under Section 138 of Negotiable Instruments Act is confirmed. Sentence is modified to imprisonment till rising of court and a compensation of Rs.30,000/- to be paid to the first respondent. Petitioner is directed to appear before the Magistrate on 27.07.2010. Judicial First CRRP 998/03 3 Class Magistrate-I, Sulthan Bathery is directed to execute the sentence. Petitioner is also at liberty to pay the compensation directly to the first respondent and produce the receipt before the Magistrate and satisfy the Magistrate that compensation is paid. 23rd June, 2010 (M.Sasidharan Nambiar, Judge) tkv CRRP 998/03 4 M.Sasidharan Nambiar, J. -------------------------- Crl.R.P.No.998 of 2003 -------------------------- ORDER 23rd June, 2010