IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 Crl.Rev.Pet.No. 3811 of 2008() ------------------------------ CRA.727/2007 of SESSIONS COURT, KOZHIKOE ST.1449/2006 of JUDL.MAGISTRATE OF FIRST CLASS-I, THAMARASSERY .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------------------- MUHAMMED BASHEER, P.K., S/O. ANTHRUMANKUTTY, KALLADAPOYIL, PARAPPANPOYIL P.O., KOZHIKODE DIST. BY ADV. SRI.LUIZ GODWIN D'COUTH RESPONDENT(S):RESPONDENTS/COMPLAINANT & STATE -------------------------------------------------------------- 1. P.M.CHACKO, S/O. MATHEW, PALAKULAM HOUSE, VATTOLI BAZAR, PUTHIYARA POST, KOZHIKODE DIST. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M. KAMAPPU FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO.3811 OF 2008 =========================== Dated this the 26th day of November,2008 ORDER Revision petitioner is the accused and first respondent the complainant in S.T.1449/2006 on the file of Judicial First Class Magistrate Court-I, Thamarassery. Petitioner was convicted for the offence under section 138 of Negotiable Instruments Act. Petitioner challenged the conviction before Sessions Court, Kozhikode in Crl.A.727/2007. Learned Sessions Judge on reappreciation of evidence confirmed the conviction but modified the sentence to imprisonment till rising of the court and a compensation of Rs.95,000/- to be paid to first respondent. Revision is filed challenging the conviction and sentence. 2. Learned counsel appearing for the revision petitioner was heard. 3. Learned counsel appearing for the revision petitioner submitted that petitioner is not CRRP 3811/2008 2 challenging the conviction and sentence and he may be granted six months time to pay the compensation as directed by the learned Sessions Judge. 4. On hearing the counsel and going through the judgments of the courts below, I find no reason to interfere with the conviction and sentence. The courts below on proper appreciation of evidence found that Ext.P1 cheque was issued by the revision petitioner from his account, towards discharge of the legally recoverable debt and the cheque was dishonoured for want of sufficient funds and inspite of notice demanding the amount sent within the statutory period and received by the revision petitioner, he did not pay the amount. In such circumstance, conviction of the petitioner for the offence under section 138 of Negotiable Instruments Act is perfectly legal. 5. Learned Sessions Judge modified the sentence to imprisonment till rising of the court in addition to the compensation. Cheque is for Rs.87,000/- and was issued on 30.3.2006. In such CRRP 3811/2008 3 circumstance, the direction to pay compensation of Rs.90,000/- cannot be said to be excessive. I find no reason' to interfere with the sentence also. Revision is dismissed. Petitioner is granted six months time from today to pay the amount. Petitioner is directed to appear before the Magistrate on 28.5.2009. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006