IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 Crl.Rev.Pet.No. 3532 OF 2008() ------------------------------ CRA.188/2007 of ADDL.SESSIONS COURT, PATHANAMTHITTA ST.94/2005 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA .................... REVN. PETITIONER(S): APPELLANT/ACCUSED --------------------------------------------------------- V.S.SHUKKOOR, KAYYALETH, DEVASWOM BOARD HIGH SCHOOL, PANTHANAD, KANGAZHA P.O., KOTTAYAM. BY ADV. SRI.AJITH MURALI RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE: ------------------------------------- 1. VARGHESE K.T., KALEEKAL GRACE BHAVAN, KALANJOOR, ADOOR, PATHANAMTHITTA. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. C.M. NAZER FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRRP3532/2008 OR DER ON CRL.M.A. 10901 OF 2008 IN CRRP 3532 OF 2008 DISMISSED 24.11.2008 SD/- M. SASIDHARAN NAMBIAR, JUDGE. Okb/- /TRUE COPY/ P.A. TO JUDGE M. SASIDHARAN NAMBIAR, J. ------------------------------------------ CRL.R.P. NO. 3532 OF 2008 ------------------------------------------ Dated this the 24th day of November, 2008 O R D E R Revision petitioner is the accused and first respondent the complainant in S.T. 94 of 2005 on the file of Chief Judicial Magistrate, Pathanamthitta. Petitioner was convicted and sentenced for the offence under section 138 of Negotiable Instruments Act. Petitioner challenged the conviction and sentence before Sessions Court, Pathanamthitta in Crl. Appeal 188 of 2007. Learned Sessions Judge on reappreciation of evidence confirmed the conviction but modified the sentence to simple imprisonment for one month and a fine of Rs.1,00,000/- and in default simple imprisonment for one month, with a direction to pay the fine on realisation to first respondent as compensation under section 357(1) of Code of Criminal Procedure. Revision is filed challenging the conviction and sentence. 2. Learned counsel appearing for petitioner was heard. 3. Learned counsel appearing for petitioner submitted that petitioner is not challenging the conviction but the sentence CRRP3532/08 2 may be modified and petitioner may be granted time to pay the fine. 4. So long as the sentence is not varied or modified, as against the interest of first respondent, it is not necessary to issue notice to first respondent. 5. The judgments of the Courts below show that both the Courts appreciated the evidence in the proper perspective. It is proved by the evidence of PW1 that Ext.P1 cheque for Rs.1,00,000/- dated 20.12.2004 was issued by the petitioner, drawn in his account, towards repayment of the amount borrowed earlier. It is also proved that Ext.P1 cheque was dishonoured for want of sufficient funds and in spite of Ext.P4 notice served on the petitioner under Ext.P6, he did not pay the same. Hence conviction of the petitioner for the offence under section 138 of Negotiable Instruments Act is perfectly legal. 6. Then the question is only on the sentence. Ext.P1 cheque is for Rs.1,00,000/-. It was issued on 28.12.2004. Interest of justice will be met if the sentence is modified with adequate compensation to first respondent. Revision is allowed in part. Conviction of the petitioner for the offence under section 138 of Negotiable Instruments Act is CRRP3532/08 3 confirmed. Sentence is modified. Petitioner is sentenced to imprisonment till rising of Court and a fine of Rs.1,15,000/- and in default simple imprisonment for two months. On realisation of fine Rs.1,00,000/- is to be paid to first respondent as compensation under section 357(1) of Cr.P.C. Petitioner is also permitted to pay portion of the fine being the compensation directly to first respondent and produce the receipt before Chief Judicial Magistrate on his appearance and satisfy that compensation was paid. Petitioner is granted four months time to pay the fine from today. Petitioner is directed to appear before Chief Judicial Magistrate on 27.3.2009. M. SASIDHARAN NAMBIAR, JUDGE Okb/-