IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 Crl.Rev.Pet.No. 2763 of 2003() ------------------------------ CRA.416/1999 of ADDL. SESSIONS COURT FAST TRACK COURT NO.1 TRIVANDRUM CC.72/1997 of JUDL.MAGISTRATE OF FIRST CLASS COURT-V, TRIVANDRUM .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------------------- FREDY, PROPRIETOR, A.G.F.O. COIR MATES MATGS., AISWARYA, SANTHIPURAM, CHANNAKARA P.O., KANNIYAPURAM. BY ADV. SRI.M.DINESH SRI.BASANT BALAJI RESPONDENT(S): RESPONDENTS/COMPLAINANTS ------------------------------------------------------- 1. F.SAMSON S/O. FRANCIS, EDAVILAKOM HOUSE T.C.34/834, VARIATHOPE, VALLAKADAVU P.O., TRIVANDRUM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADV. SRI.M.SREEKUMAR FOR R1 BY PUBLIC PROSECUTOR SRI.C.M. KAMAPPU FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 14/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO.2763 OF 2003 =========================== Dated this the 14th day of November,2008 ORDER Revision petitioner is the accused and first respondent the complainant in C.C.72/1997 on the file of Judicial I Class Magistrate-V, Thiruvananthapuram. Petitioner was convicted for the offence under section 138 of Negotiable Instruments Act and was sentenced to simple imprisonment for one year and a fine of Rs.3,00,000/- and in default simple imprisonment for three months. Though petitioner challenged the conviction before Sessions Court, Thiruvananthapuram in Crl.A.416/1999, learned Sessions Judge confirmed the conviction modifying the sentence to simple imprisonment for one year in addition to a compensation of Rs.3,00,000/-. Revision is filed challenging the conviction and sentence. 2. Learned counsel appearing for petitioner CRRP2763/2003 2 and first respondent were heard. 3. Though revision petitioner contended that the courts below did not appreciate the evidence in proper perspective, on going through the judgments of the courts below, I do not find any reason to interfere with the factual findings of the courts below which is in accordance with the evidence. Evidence establish that Ext.P1 cheque for Rs.3,00,000/- was issued by the revision petitioner in the account maintained by him towards the amount legally due. It is also proved that the cheque was dishonoured for want of sufficient funds. It is also established that first respondent has complied with all the statutory formalities provided under section 138 and 142 of Negotiable Instruments Act. In such circumstance, conviction for the offence under section 138 of Negotiable Instruments Act is confirmed. 4.Then the only question is regarding the sentence. Interest of justice will be met if the sentence is modified to imprisonment till rising of CRRP2763/2003 3 the court in addition to a fine of Rs.3,10,000/- and in default simple imprisonment for two months. On realisation of the fine, Rs.3,00,000/- to be paid to first respondent as compensation under section 357(1) of Code of Criminal Procedure. Criminal Revision Petition is allowed in part. Conviction of the petitioner for the offence under section 138 of Negotiable Instruments Act is confirmed. Sentence is modified. Petitioner is sentenced to imprisonment till rising of the court and a fine of Rs.3,10,000/- and in default simple imprisonment for two months. On realisation of the fine, Rs.3,00,000/- to be paid to first respondent as compensation under section 357(1) of the Code of Criminal Procedure. Petitioner is granted three months time to pay the fine. Petitioner is directed to appear before the Magistrate on 15.2.2009. M.SASIDHARAN NAMBIAR JUDGE tpl/- CRRP2763/2003 4 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006