IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 Crl.Rev.Pet.No. 619 of 2006() ----------------------------- CRA.437/2003 of ADDL.SESSIONS COURT, KOZHIKODE CC.274/1999 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOZHIKODE .................... REVN. PETITIONER: ------------------ M.P.ARAVINDAKSHA MENON, AGED 75 YEARS, S/O.KUNHIRAMAN NAIR, TRIVENI, BYEPASS ROAD, MANKAVU P.O., KOZHIKODE. BY ADV. SRI.T.SETHUMADHAVAN RESPONDENTS: ACCUSED & STATE ---------------------------- 1. A.P.SUDHAKARAN, WIREMAN, TELEPHONE EXCHANGE, "SREELAKSHMI", PANTHEERANKAVU, OLAVANNA P.O., KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No. 619 of 2006 = = = = = = = = = = = = = = Dated this the 11 th day of August, 2008 ORDER The revision petitioner, who is the complainant in C.C.No.274 of 1999 on the file of the J.F.C.M-III, Kozhikode which was a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for Rs.15,000/-, challenges the sentence imposed by the lower appellate court namely imprisonment till rising of the court and the cheque amount as compensation. 2. It is true that the cheque was of the year 1997. But then the lower appellate court cannot be faulted for directing the cheque amount as compensation besides imprisonment till the rising of the court. If the petitioner is aggrieved by a failure to give any enhanced amount, his remedy lies not before the criminal court but before the civil court. I see no merit in this revision petition, which is accordingly dismissed. Dated this the 11 th day of August, 2008. V. RAMKUMAR, JUDGE sj