IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 Crl.Rev.Pet.No. 3463 of 2008() ------------------------------ CRA.304/2007 of ADDL. SESSIONS COURT(ADHOC)FAST TRACK COURT III, PATHANAMTHITTA CC.1480/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: -------------------------------------------------- G.KUNJUMON, KIZHAKKEVEETTIL, CHEENKALTHADOM P.O., MYLAPRA. BY ADV. SRI.LIJU.V.STEPHEN RESPONDENT(S): RESPONDENTS/COMPLAINANT AND STATE: -------------------------------------------------------------------- 1. THE PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL PVT.BANK LTD., NO.2390, PATHANAMTHITTA, REPRESENTED BY ITS SECRETARY, K.R.VALSALA DEVI. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M. KAMAPPU FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 14/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO.3463 OF 2008 =========================== Dated this the 14th day of November,2008 ORDER Revision petitioner is the accused and first respondent the complainant in C.C.1480/2006 on the file of Judicial First Class Magistrate-I, Pathanamthitta. Petitioner was convicted for the offence under section 138 of Negotiable Instruments Act. Petitioner challenged the conviction before the Sessions Court, Pathanamthitta in Crl.A.304/2007. Learned Sessions Judge on reappreciation of evidence confirmed the conviction and sentence. The sentence awarded was simple imprisonment for four months and a fine of Rs.86,000/- and in default simple imprisonment for two months with a direction to pay the fine after realisation to first respondent as compensation under section 357(1) (b) of the Code of Criminal Procedure. Revision is filed challenging the conviction and sentence. CRRP 3463/2008 2 2. Learned counsel appearing for petitioner submitted that revision petitioner is not challenging the conviction but the sentence may be modified and revision petitioner may be granted five months to pay the fine. So long as the evidence is not varied or modified against the interest of the first respondent, it is not necessary to issue notice to first respondent. Considering the facts and circumstances of the case, interest of justice will be met if the sentence is modified to imprisonment till rising of court and fine. Hence Revision is allowed in part. Conviction is confirmed. Sentence is modified. Petitioner is sentenced to imprisonment till rising of court and a fine of Rs.90,000/- and in default simple imprisonment for two months. On realisation of fine, Rs.86,000/- to be paid to first respondent as compensation under section 357 (1) of Code of Criminal Procedure. Petitioner is granted five months time to pay the fine. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006