IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 Crl.Rev.Pet.No. 4107 of 2008() ----------------------------------------- CRA.508/2002 of ADDL.SESSIONS COURT (ADHOC)-III, THALASSERY CC.30/2002 of JUDL.MAGISTRATE OF FIRST CLASS-III, KANNUR .................... REVN. PETITIONER/APPELLANT/ACCUSED ------------------------------------------------------------- ABDUL KOOTUKKARAN S/O.PAROL MAMMU, AGED 57 YEARS, RESIDING AT KUNDAMTHADAM,CHERUPUZHA P.O.,PAYYANNUR (VIA) TALIPARAMBA. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENTS/RESPONDENTS/COMPLAINANT: --------------------------------------------------------------------- 1. R.RAJESH, S/O.RAVEENDRAN TEACHER, HIGHER SECONDARY SCHOOL, CHEMMANAD JAMA ATH, KASARAGOD DISTRICT. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT , ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M.NAZAR FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18/12/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO.4107 OF 2008 =========================== Dated this the 18th day of December,2008 ORDER Revision petitioner is the accused and first respondent the complainant in C.C.30/2002 on the file of Judicial First Class Magistrate-III, Kannur. Revision petitioner was convicted and sentenced for the offence under section 138 of Negotiable Instruments Act. Petitioner challenged the conviction and sentence before Sessions Court, Thalassery in Crl.A.508/2002. Learned Additional Sessions Judge on reappreciation of evidence confirmed the conviction but modified the sentence to imprisonment till rising of court and a compensation of Rs.1,00,000/-. Revision is filed challenging the conviction and sentence. 2. Learned counsel appearing for the revision petitioner was heard. 3. Learned counsel submitted that revision petitioner is not challenging the conviction or the CRRP 4107/2008 2 sentence and petitioner is suffering from heart ailment as evidenced by the certificate produced and in such circumstance he may be granted six months time to pay the compensation. A statement to that effect is separately filed by the revision petitioner. 4. On hearing the counsel and going through the judgments of the courts below, I find no reason to interfere with the conviction or the sentence. 5. Evidence establish that revision petitioner borrowed Rs.1,00,000/- from first respondent and towards its repayment issued Ext.P1 cheque and it was dishonoured for want of sufficient funds when presented for encashment. It is also proved that first respondent had complied with all the statutory formalities provided under section 138 of Negotiable Instruments Act. Learned Sessions Judge modified the sentence to imprisonment till rising of court in addition to compensation and that too the amount covered by the dishonoured cheque. Revision is dismissed. Revision petitioner is CRRP 4107/2008 3 granted six months time to pay the compensation. He is directed to appear before the Judicial First Class Magistrate, Kannur on 18.6.2009. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006