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. 4106 of 2008() ----------------------------------------- CRA.385/2007 of ADDL. SESSIONS COURT, (ADHOC-I), PALAKKAD ST.3480/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD .................... REVN. PETITIONER/APPELLANT/ACCUSED: -------------------------------------------------------------- A.ABDUL AZEEZ, S/O.MOIDEEN KOPPANUR, ELAPPULLY PO., PALAKKAD DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENTS/1ST RESPONDENT/COMPLAINANT & STATE: ---------------------------------------------------------------------------------------- 1. A.AKBAR, S/O.ABDUL KHADER, SHAMEENA MANZIL MANKAVU PALAKKAD DISTRICT. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HUIGH COURT OF KERALA, 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.4106 OF 2008 =========================== Dated this the 18th day of December,2008 ORDER Revision petitioner is the accused and first respondent the complainant in S.T.3480/2004 on the file of Judicial First Class Magistrate Court-III, Palakkad. Petitioner was convicted and sentenced for the offence under section 138 of Negotiable Instruments Act. Petitioner challenged the conviction and sentence before Sessions Court, Palakkad in Crl.A.385/2007. Learned Sessions Judge on reappreciation of evidence confirmed the conviction but modified the sentence to imprisonment till rising of court and confirmed the compensation of Rs.50,000/-. 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 in view of the concurrent CRRP 4106/2008 2 findings of fact and the evidence on record revision petitioner is not challenging the conviction or the sentence and he may be granted four months time to pay the compensation and to appear before the learned Magistrate. 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.50,000/- and towards its repayment issued Ext.P1 cheque which was dishonoured for want of sufficient funds and first respondent had complied with all the statutory formalities provided under section 138 and 142 of Negotiable Instruments Act. Learned Sessions Judge modified the sentence to imprisonment till rising of court maintaining the compensation awarded by the learned Magistrate which was only for the amount covered by the dishonoured cheque. In such circumstance, revision is dismissed. Revision petitioner is granted four months time from today to pay the CRRP 4106/2008 3 compensation. Revision petitioner is directed to appear before the Judicial First Class Magistrate- III, Palakkad on 21.4.2009. sd/- M.SASIDHARAN NAMBIAR JUDGE tpl/- /true copy/ P.S to Judge M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006