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. 3790 OF 2008() ------------------------------ CRA.329/2003 of ADDL.SESSIONS COURT, KOZHIKODE CC.82/1999 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOZHIKODE .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED: --------------------- C.P. SAMIKUTTY, AGED 53 YEARS, S/O. VELAYUDHAN, BADIRANILAM PARAMBA, PANNIYANKARA AMSOM DESOM, KOZHIKODE TALUK BY ADV. SRI.SUNNY MATHEW RESPONDENT(S)/RESPONDENTS/COMPLAINANT & STATE: --------------- 1. M.T. MOHANAN, S/O. M.T.RAJU CHETTIAR, BADIRANILAM PARAMBA, PANNIYANKARA AMSOM DESOM, KOZHIKODE TALUK 2. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.P.V.KUNHIKRISHNAN FOR R1 PUBLIC PROSECUTOR SRI.C.M. NAZAR FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------ CRL.R.P. NO. 3790 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 C.C. 82 of 1999 on the file of Judicial First Class Magistrate-III, Kozhikode. Petitioner was convicted and sentenced to simple imprisonment for one month and a compensation of Rs.60,000/- for the offence under section 138 of Negotiable Instruments Act. Petitioner challenged the conviction before Sessions Court, Kozhikode in Crl.Appeal 329 of 2003. Learned Sessions Judge on reappreciation of evidence confirmed the conviction but modified the sentence to imprisonment till rising of Court in addition to a compensation of Rs.60,000/-. 2. Learned counsel appearing for petitioner and the first respondent were heard. 3. Learned counsel appearing for petitioner submitted that petitioner is not challenging the conviction or sentence but he may be granted three months time to pay the compensation. 4. On going through the judgments of Courts below I do CRRP3790/08 2 not find any reason to interfere with the conviction or sentence. Evidence establish that Ext.P1 cheque for Rs.50,000/- was issued by the revision petitioner towards repayment of the amount borrowed. It is also proved that the cheque was dishonoured for want of sufficient funds and first respondent had complied with all the formalities provided under section 138 and 142 of Negotiable Instruments Act. The Courts below rightly convicted the petitioner for the offence under section 138 of N.I. Act. Learned Sessions Judge modified the sentence to imprisonment till rising of Court in addition to a compensation of Rs.60,000/-. The cheque is for Rs.50,000/-. In such circumstances I find no reason to interfere with the sentence also. Revision is dismissed. Petitioner is granted three months time from today to pay the compensation. Petitioner is directed to appear before the Magistrate on 27.2.2009. M. SASIDHARAN NAMBIAR, JUDGE Okb/-