IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 Crl.Rev.Pet.No. 3709 OF 2008() ------------------------------ ST.122/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, HARIPAD .................... REVN. PETITIONER(S): COMPLAING:- -------------------------------- MOHANAN K, S/O. KRISHNAN, MONISHALAYAM, ERUVA WEST, ERUVA P.O., KAYAMKULAM. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENT(S): RESPONDENT/COMPLAINANT & STATE: ------------------------------------- 1. SAJIKUMAR, S/O. SIVARAMAN, AMARITHARAYIL, KARUVATTAMKUZHY, KAREELAKULANGARA. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI. C.M. KAMMAPPU FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------ CRL.R.P. NO. 3709 OF 2008 ------------------------------------------ Dated this the 17th day of December, 2008 O R D E R Revision petitioner is the complainant in S.T.122 of 2007 on the file of Judicial First Class Magistrate-I, Haripad and first respondent the accused. First respondent was convicted and sentenced for the offence under section 138 of Negotiable Instruments Act. Revision is filed contending that sentence awarded is disproportionate and insufficient as a compensation of only Rs.1,00,000/- was awarded though the cheque is for Rs.3,00,000/-. On verification it is reported that first respondent had already filed an appeal challenging the conviction before Sessions Court, Alappuzha as Crl. Appeal 400 of 2008, which was subsequently transferred to Additional Sessions Court, Mavelikkara and is now posted to 20.12.2008. As the appeal is pending before Additional Sessions Court, Mavelikkara and while considering the sentence, learned Sessions Judge could enhance the compensation, revision petitioner is entitled to agitate the claim before the Sessions Court in the appeal. CRRP3709/2008 2 Revision is disposed granting liberty to the revision petitioner to raise the claim for enhancement of the compensation in the appeal. M. SASIDHARAN NAMBIAR, JUDGE Okb/-