IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 Crl.Rev.Pet.No. 3302 of 2008() ----------------------------------------- CRA.246/2007 OF SESSIONS COURT, PATHANAMTHITTA ST.84/2005 OF CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA .................... REVN. PETITIONER/APPELLANT/ACCUSED: ------------------------------------------------------------- RAVEENDRAN @ RAVI, MULLASSERIL, VALIYAKAVU P.O., RANNY, PATHANAMTHITTA DISTRICT. BY ADV. SRI.PHILIP M.VARGHESE RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE: ----------------------------------------------------------------------------------- 1. M.LATHEEF, PAZHAYA VEEDU, KULASEKHARAPETTA, PATHANAMTHITTA DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HUGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M.NAZAR FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ M. SASIDHARAN NAMBIAR, J. ------------------------------------------ CRL.R.P. NO. 3302 OF 2008 ------------------------------------------ Dated this the 6th day of November, 2008 O R D E R Revision petitioner is the accused and first respondent the complainant in S.T.84 of 2005 on the file of Chief Judicial Magistrate, Pathanamthitta. Case of the first respondent was that petitioner borrowed Rs.16,500/- on 12.9.2004 and Rs.5,000/- on 12.10.2004 and towards the discharge issued Exts.P1 and P2 cheques drawn in his account maintained in Pathanamthitta branch of Catholic Syrian Bank and the cheques were dishonoured under Exts.P3 and P4 as the account was closed and in spite of Ext.P6 notice served under Ext.P7, petitioner did not pay and thereby committed the offence under section 138 of Negotiable Instruments Act. Petitioner pleaded not guilty. First respondent was examined as PW1 and Exts.P1 to P7 were marked. Petitioner was examined as DW1 and on his side Exts.D1 and D2 were marked. Learned Magistrate on evidence found the petitioner guilty. He was convicted and sentenced to simple imprisonment for three months and a compensation of Rs.25,000/- and in default simple imprisonment CRRP3302/08 2 for three months. Petitioner challenged the conviction and sentence before Sessions Court, Pathanamthitta in Crl. Appeal 246 of 2007. Learned Sessions Judge on reappreciation of evidence confirmed the conviction but modified the sentence to imprisonment till rising of Court and reduced the compensation to Rs.21,500/- and in default to undergo simple imprisonment for three months. Revision is filed challenging the conviction and sentence. 2. Learned counsel appearing for petitioner was heard. He did not challenge the conviction or the sentence. 3. Learned counsel only submitted that petitioner may be granted one month time to pay compensation as directed by Courts below. On the facts and circumstances of the case, petitioner is granted one month time from today to pay the compensation and to appear as prayed for by the learned counsel. Revision is dismissed. Petitioner is directed to appear before learned Magistrate on 16.12.2008. M. SASIDHARAN NAMBIAR, JUDGE Okb/-