IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 Crl.Rev.Pet.No. 3657 of 2008() ------------------------------ CRA.139/2006 of SESSIONS COURT, KOTTAYAM ST.213/2004 of JUDL. MAGISTRATE OF FIRST CLASS, VAIKOM .................... REVISION PETITIONER/APPALLANT/ACCUSED: ---------------------------------------------------------------------- SURESH KUMAR, KARUNTHARASSARAYIL HOUSE, THALAYOLAPARAMBU P.O., VAIKOM. BY ADV. SRI.DILIP MOHAN RESPONDENT(S): COMPALINANT/STATE: -------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SANAL KUMAR, MURIYATTU HOUSE, VADAYAR, THALAYOLAPARAMBU. By PUBLIC PROSECUTOR SRI.C.M. KAMAPPU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 13/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR, J. ........................................... CRL.R.P.NO. 3657 OF 2008 ............................................ DATED THIS THE 13th DAY OF NOVEMBER, 2008 ORDER Revision petitioner is the accused and second respondent, the complainant in S.T.213 of 2004 on the file of Judicial First Class Magistrate, Vaikom. Petitioner was convicted and sentenced to simple imprisonment for six months and a compensation of Rs.39,360/- for the offence under Section 138 of N.I.Act. Conviction was challenged before Sessions Court, Kottayam in Crl.A.139 of 2006. Learned Sessions Judge, on reappreciation of evidence, confirmed the conviction and sentence and dismissed the appeal. It is challenged in this revision petition. 2. Learned counsel appearing for petitioner was heard. Learned counsel submitted that revision petitioner is not challenging the conviction and the sentence may be modified. Learned counsel made an endorsement that revision petitioner is not challenging the conviction. So long as sentence is not varied or modified against the interest of second respondent, it is not necessary to issue notice to second respondent. Interest of justice will be met, if sentence is modified to imprisonment till CRRP 3657/2008 2 rising of court and fine directing payment of fine as compensation. 3. Revision petition is allowed. Sentence is modified. Petitioner is sentenced to imprisonment till rising of court and a fine of Rs.45,000/- and in default, simple imprisonment for two months. On realisation of fine, Rs.40,000/- to be paid to second respondent as compensation under Section 357(1) of Code of Criminal Procedure. Petitioner is granted three months time from today to pay the fine. Petitioner is directed to appear before learned Magistrate on 19.2.2009. M.SASIDHARAN NAMBIAR, JUDGE lgk/-