IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 Crl.Rev.Pet.No. 1409 of 2003() ------------------------------ CRA.361/2002 of ADDL.SESSIONS COURT, KOTTAYAM CC.985/1998 of JUDL. FIRST CLASS MAGISTRATE COURT II (MOBILE), CHENGANACHERRY. .................... REVISION PETITIONER(S): APPELLANT/ACCUSED: --------------------------------------------------------------------------- V.I.THOMAS, VADAKKEKARA HOUSE, VELLAVOOR P.O., VELLAVOOR. BY ADV. SRI.JAIJI ITTEN RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE: ----------------------------------------------------------------------------------------- 1. THANKAMMA M.V., POOTHAKUZHIYIL, KANGAZHA, CHANGANACHERRY. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADVS.SRI.A.MOHAMMED, SRI.M.SAJJAD. R2 BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON CRL.MP.NOS.6022 & 7160/2003 IN CRRP.NO.1409/2003 DISMISSED 23/07/2010 SD/- M.SASIDHARAN NAMBIAR, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.SASIDHARAN NAMBIAR, J. ======================== Crl.R.P.No.1409 OF 2003 ==================== Dated this the 23rd day of July, 2010. O R D E R The accused in C.C.No.985 of 1988 on the file of the Judicial First Class Magistrate Court II-(Mobile) Kottayam, Changanacherry filed this revision challenging the conviction and sentence for the offence under Sectoin 138 of Negotiable Instruments Act. First respondent is the complainant. First respondent alleged in the complainant taken cognizance by the learned Magistrate that towards repayment of Rs.1,10,000/- petitioner issued Ext.P2 cheque and on its presentation for encashment, it was dishonoured under Ext.P3. In spite of Ext.P4 notice, demanding the amount petitioner did not pay the amount and thereby committed the offence. Petitioner pleaded not guilty. The first respondent was examined as PW1 and Exts.P1 to P8 were marked on her side and Ext.D1 on the side of the petitioner. The learned Magistrate on found him guilty and convicted and sentenced him to simple imprisonment for Crl.R.P.No.1409 OF 2003 2 one year. Petitioner challenged the conviction and sentence before Sessions Court, Kottayam in Criminal Appeal No.361 of 2002. The learned Sessions Judge on re- appreciation of evidence confirmed the conviction and sentence and dismissed the appeal. It is challenged in the revision. 2. Learned counsel appearing for the revision petitioner was heard. 3. Learned counsel appearing for the petitioner did not challenge the conviction. The learned counsel submitted that when petitioner sought suspension of sentence before this Court, he was directed to deposit the amount covered by the dishonoured cheque before the learned Magistrate and petitioner has already deposited the amount covered by the dishonoured cheque and in such circumstances the sentence may be modified. The learned counsel submitted that there was a civil suit between the parties and a decree has also been passed and in such circumstances, considering the fact petitioner has already deposited the Crl.R.P.No.1409 OF 2003 3 amount, the sentence may be modified. 4. Ext.P2 cheque is for Rs.1,10,000/-. According to the learned counsel, petitioner deposited that amount before the learned Magistrate pursuant to the order passed by this Court, to enable the petitioner to get the sentence suspended. Considering the facts and circumstances of the case in the interest of justice, the sentence could be modified to imprisonment till rising of court, with adequate compensation . Revision is allowed in part. Conviction of the petitioner for the offence under Section 138 of Negotiable Instruments Act is confirmed. Sentence is modified. Petitioner is sentenced to imprisonment till rising of court and a compensation of Rs.1,15,000/-(Rupees one lakh fifteen thousand only) and in default simple imprisonment for two months. If petitioner has deposited any amount before the learned Magistrate, he need deposited only the balance amount. Petitioner is directed to appear before Chief judicial First Class Magistrate Court-II (Mobile) Kottayam, Crl.R.P.No.1409 OF 2003 4 Changanassery on 31.8.2010. The Chief Judicial Magistrate is directed to execute the sentence. M.SASIDHARAN NAMBIAR, JUDGE. mns