IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 Crl.MC.No. 3655 of 2009(F) ---------------------------------- CRRP.51/2008 of ADDL.SESSIONS COURT, (ADHOC), ERNAKULAM ST.762/2006 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI .................... PETITIONER(S)/COMPLAINANT: ---------------------------------------------- JOSHY VARGHESE, S/O.LATE. M.P.VARGESE, AGED 34 YEARS, MATTEKADAN HOUSE, THAVALAPPARA,ANAPARA P.O, MANJAPRA.,KALADY,ERNAKULAM. BY ADV. SRI.GEO PAUL SRI.SANU MATHEW SRI.C.R.PRAMOD SRI.NOEL JOSEPH RESPONDENT(S)/ACCUSED: --------------------------------------- 1. A.P.ANILKUMAR, AGED 41 YEARS, S/O.RADHAKRISHNAN,KADATHEZHATH HOUSE, ARIYALLOOR, NR.SREE KRISHNA COLLEGE, KOONAMPECHI, THRISSUR. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT ERNAKULAM BY PUBLIC PROSECUTOR MR.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3655 OF 2009 ------------------------------------------ Dated 17th November 2009 O R D E R Petitioner is the complainant in S.T.762/2006 on the file of Judicial First Class Magistrate III, Kochi. First respondent was convicted for the offence under Section 138 of Negotiable Instruments Act. He challenged the conviction and sentence before Sessions court, Ernakulam in Crl.A.482/2008. Petitioner filed Crl.R.P.51/2008 for enhancement of the sentence. By Annexure-A2 order the appeal and revision were allowed in part. While confirming the conviction, sentence was modified to compensation of Rs.Nine Lakhs without a default sentence. This petition is filed under Section 482 of Code of Criminal Procedure to quash the sentence as there is no default sentence. Remedy of the petitioner is to file revision challenging the judgment in Crl.A.482/2008, though he may not be in a position to file a revision against the order as far as it Crmc 3655/09 2 relates to Crl.R.P.51/2008. A revision against the judgment in Crl.A.482/2008, wherein sentence was modified would lie. With liberty to challenge the order in a revision the petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.