IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 13TH SEPTEMBER 2011 / 22ND BHADRA 1933 Crl.Rev.Pet.No. 1657 of 2011(B) ------------------------------ CRA.635/2009 of ADDL. DISTRICT AND SESSIONS COURT FAST TRACK (ADHOC-I),KOZHIKODE STC.812/2008 of JUDL. MAGISTRATE OF FIRST CLASS-II, PERAMBRA .................... REVN. PETITIONER : APPELLANT/ACCUSED -------------------------------------- MANOJ KUMAR.K., AGED 38 YEARS, S/O.CHANDUKUTTY KURUP, KOLATHAROTH HOUSE, KANNANKARA.P.O., BALUSSERY, KOZHIKODE-673 001. BY ADV. SRI.K.P.BALASUBRAMANYAN SRI.NIRMAL. S RESPONDENTS : RESPONDENT/COMPLAINANT & STATE --------------------------------------------- 1. PRADEEP KUMAR.K., AGED 43 YEARS, S/O.CHEKUTTY, KALLERI HOUSE, BALUSSERY.P.O., KOZHIKODE-673 001. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. PUBLIC PROSECUTOR SRI.M.H.HANILKUMAR ADV. SMT.SIMLA PRABHAKARAN FOR R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 13/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.BHAVADASAN, J. *********************** Crl.R.P No.1657 of 2011-B ***************************** Dated this the 13th day of September, 2011 ORDER This revision petition arises out of S.T.C.812 of 2008 before the JFCM-II, Perambra. 2. The offence is punishable under Section 138 of the Negotiable Instruments Act. 3. It is unnecessary to go in detail, because the revision can be disposed of on a short ground. Both the court below have found that the cheque was issued by the revision petitioner to the complainant and the cheque was dishonoured for want of funds. The concurrent findings of fact do not call for any interference. 4. However it is pointed out that the entire amount has been paid to the complainant. The complainant also admitted that the entire amount has been received. Considering the above fact, some leniency can be shown as regards the substantive sentence of imprisonment which can be reduced to imprisonment till rising of court. Crl.R.P No.1657 of 2011-B 2 5. In the result: a) This revision petition is partly allowed; b) The substantive sentence imposed under Section 138 of the N.I Act is reduced to imprisonment till rising of court for the day. (P.BHAVADASAN, JUDGE) rtr/