IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 Crl.Rev.Pet.No. 107 of 2009() ----------------------------- CRA.485/2005 of ADDL. SESSIONS COURT (ADHOC-II), THRISSUR CC.792/2001 of JUDL. MAGISTRTE OF FIRST CLASS COURT-III, THRISSUR .................... REVN. PETITIONER:APPELLANT/ACCUSED --------------------- SANOJ, S/O.CHAKKALAKKAL THANKAPPAN, MARATHAKKARA POST, MARATHAKKARA VILLAGE AND DESOM, THRISSUR TALUK AND DISTRICT-680 320. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS:RESPONDENTS/COMPLAINANT & STATE --------------------- 1. M/S.JANATHA TRADERS AND INVESTMENT, M.G.ROAD, THRISSUR-680 001, REP. BY THE MANAGING PARTNER, THALOKKARAN DEVASY, CHELOKOTTU KARA DESOM, CHIYYARAM VILLAGE, THRISSUR. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. MUHAMMED PUZHAKKARA FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 15/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR,J. ------------------------------------------------- CRL.R.P.NO.107 OF 2009 -------------------------------------------------- Dated this the 15th day of January, 2009 O R D E R Revision petitioner is the accused and first respondent the complainant in C.C. 792 of 2001 on the file of Judicial First Class Magistrate-III, Thrissur. Revision petitioner was convicted and sentenced to imprisonment till rising of Court and pay compensation of Rs.35,500/- and in default simple imprisonment for three moths. Revision petitioner challenged the conviction before Sessions Court, Thrissur in Crl. Appeal 485 of 2005. Learned Additional Sessions Judge, on reappreciation of evidence, confirmed the conviction and sentence and dismissed the appeal. It is challenged in the revision. 2. Learned counsel appearing for revision petitioner submitted that in view of the evidence on record and the concurrent findings of fact, revision petitioner is not challenging the conviction or sentence. He may be granted time till 31.3.2009 to pay the compensation as directed by the Magistrate. 3. On going through the judgments of the Courts below, I find no reason to interfere with the conviction or the sentence. Evidence establish that Ext.P1, the dishonoured cheque, was issued CRRP 107/2009 2 towards the payment of the amount legally due and it was dishonoured for want of sufficient funds and first respondent had complied with all the statutory formalities provided under section 138 and 142 of Negotiable Instruments Act. The sentence was only imprisonment till rising of Court in addition to the compensation. In such circumstances revision is dismissed. Revision petitioner is granted time till 31.3.2009 to pay the compensation. Revision petitioner is directed to appear before the Judicial First Class Magistrate-III, Thrissur on 1.4.2009. M. SASIDHARAN NAMBIAR, JUDGE okb