IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 Crl.Rev.Pet.No. 3704 OF 2008() ------------------------------ CRA.274/2008 OF ADDL. SESSIONS COURT (ADHOC)-II, ERNAKULAM CC.1443/2003 OF JUDL. FIRST CLASS MAGISTRATE COURT,KOLENCHERRY. .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED: ------------------------------------------------- M.S.SUNIL KUMAR, S/O.SACHIDANANDAN, MANIYALIL HOUSE, VADAKKEKARA, NORTH PARAVUR. BY ADV. SRI.P.K.SAJEEV RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE: -------------------------------------- 1. C.K.AYYAPPANKUTTY, M/S.C.K.A.KUTTY & SONS, INDIAN OIL DEALER, PATTIMATTOM, ERNAKULAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. C.M. NAZER FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------ CRL.R.P. NO. 3704 OF 2008 ------------------------------------------ Dated this the 17th day of November, 2008 O R D E R Revision petitioner is the accused and first respondent the complainant in C.C.1443 of 2003 on the file of Judicial First Class Magistrate, Kolencherry. Petitioner was convicted for the offence under section 138 of Negotiable Instruments Act. Petitioner challenged the conviction before Sessions Court, Ernakulam in Crl.Appeal 274 of 2008. Learned Sessions Judge confirmed the conviction but modified the sentence to simple imprisonment for one month and a compensation of Rs.2,00,000/- and in default simple imprisonment for one month. Revision is filed challenging the conviction and sentence. 2. Learned counsel appearing for revision petitioner submitted that revision petitioner is not challenging the conviction but sentence may be modified and time may be granted to pay the fine. Learned counsel also made an endorsement to that effect in the revision petition. 3. So long as the sentence is not varied or modified as against the interest of first respondent, it is not necessary to CRRP3704/08 2 issue notice to him. The dishonoured cheque is for Rs.2,08,964/-. Considering the nature of the offence interest of justice will be met if the sentence is modified to imprisonment till rising of Court in addition to fine with a direction to pay the amount covered by dishonoured cheque as compensation to first respondent. Revision is allowed in part. Conviction of the petitioner for the offence under section 138 of N.I. Act is confirmed. Sentence is modified. Petitioner is sentenced to imprisonment till rising of Court and fine of Rs.2,10,000/- and in default simple imprisonment for two months. On realisation of fine Rs.2,09,000/- is to be paid to first respondent as compensation under section 357(1) of Code of Criminal Procedure. Petitioner is granted three months time from today to pay the fine. If petitioner has deposited any portion of the amount before the learned Magistrate in this case, he need deposit only the balance. Petitioner is directed to appear before Judicial First Class Magistrate, Kolencherry on 20.2.2009. M. SASIDHARAN NAMBIAR, JUDGE Okb/-