IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 Crl.Rev.Pet.No. 3088 of 2008() ------------------------------------------- CRA.106/2007 of IV ADDL.SESSIONS COURT, ERNAKULAM CC.878/2003 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI .................... REVN. PETITIONER(S): FIRST RESPONDENT/COMPLAINANT ------------------------------ SMT.PHILOMINA JAMES, C.C.19/961, PUTHENVEETTIL HOUSE, PALLURUTHY, VADAKKUMMURI, KOCHI-682 006. BY ADV. SRI.K.A.SALIL NARAYANAN SRI.NELSON J.MANAYIL RESPONDENT(S): APPELLANT & 2ND RESPONDENT/ ACCUSED ----------------------------- 1. SHIJI SUDHEESH, W/O.SUDHEESH, C.C.19/797, KARUKASSERI HOUSE, PALLURUTHY, VADAKKUMMURI, KOCHI-682006. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 10/12/2008, ALONG WITH CRRP NO. 3089 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. -------------------------------------------------- Crl.Revision Petition Nos. 3088 and 3089 of 2008 ----------------------------------------------------------- Dated this the 10th day of December, 2008 O R D E R Revision Petitioner in Crl.R.P. No.3088/2008 is the complainant and revision petitioner in Crl.R.P.No.3089/2008 is the accused on the file of Judicial First Class Magistrate Court-II, Kochi. 2. Crl.R.P. No.3088/2008 is filed by the complainant challenging the insufficiency of the sentence awarded by the learned Additional Sessions Judge while modifying the sentence in Crl.Appeal No.106/2007. Crl.R.P. No.3089/2008 is filed by the accused challenging the conviction for the offence under Section 138 of Negotiable Instruments Act. Crl.R.P.Nos.3088 & 3089 of 2008 - 2 - 3. Learned counsel appearing for the revision petitioner in Crl.R.P.No.3088/2008 submitted that, in view of the settlement between the parties, the complainant is not pressing his revision petition and it may be dismissed. 4. Learned counsel appearing for the revision petitioner in Crl.R.P.No.3089/2008 submitted that sentence may be modified to imprisonment till rising of court and a fine of Rs.60,000/-, which on realization may be paid to the complainant as compensation. 5. On hearing learned counsel and going through the judgments of the courts below, I find no reason to interfere with the conviction. Evidence establish that Exhibit P1 cheque was issued by the revision petitioner in Crl.R.P.No.3089/2008 towards the amount payable and it was dishonoured for want of sufficient funds. Evidence also Crl.R.P.Nos.3088 & 3089 of 2008 - 3 - establish that revision petitioner in Crl.R.P.No.3088/2008 had complied with all the statutory formalities provided under Sections 138 and 142 of Negotiable Instruments Act. Hence, conviction of the revision petitioner in Crl.R.P.No.3089/2008 for the offence under Section 138 of Negotiable Instruments Act is perfectly legal. 6. Considering the entire facts and circumstances of the case, interest of justice will be met, if the sentence is modified to imprisonment till rising of court and fine of Rs.60,000/- and in default simple imprisonment for two months. On realisation of fine, it is to be paid to the complainant as compensation. Crl.R.P.No.3088/2008 is dismissed. Crl.R.P.Nos.3088 & 3089 of 2008 - 4 - Crl.R.P.No.3089/2008 is allowed in part. Conviction of the revision petitioner/accused for the offence under Section 138 is confirmed. Sentence is modified. Revision petitioner is sentenced to imprisonment till rising of court and to a fine of Rs.60,000/- and in default simple imprisonment for a period of two months. On realization of fine, it is to be paid to the complainant as compensation under Section 357(1)(b) of Code of Criminal Procedure. Revision Petitioner/accused is granted two months' time to pay the fine. Revision petitioner/accused is directed to appear before Judicial First Class Magistrate, Kochi on 11- 2-2009. M. SASIDHARAN NAMBIAR, JUDGE skr