IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 Crl.Rev.Pet.No. 4219 of 2008 ---------------------------------------- CRL.A.NO.418/2008 DTD. 18/10/2008 OF ADDITIONAL SESSIONS COURT (ADHOC-II ERNAKULAM, C.C. NO. 3221/2003 OF J.F.C.M. COURT-I, MUVATTUPUZHA. ........... REVN. PETITIONER/ APPELLANT/ACCUSED: --------------------------------------------------------------- K.P.SOMAN, CRYSTAL PALACE, THENGODU P.O EDACHIRA, KAKKANAD, ERNAKULAM DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA. RESPONDENTS/ RESPONDENTS/ COMPLAINANT: ----------------------------------------------------------------------- 1. M/S.ASSOCIATED HIRE PURCHASE AND CREDITS LTD., VETTUKATTIL SHOPPING COMPLEX, MUVATTUPUZHA, REP. BY ITS MANAGING DIRECTOR, G.VINAYAN, PULARI, KADATHI EAST, MUVATTUPUZHA. 2. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI - 31. R2 BY PUBLIC PROSECUTOR SRI. MUHAMMED PUZHAKKARA. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 05/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.R.P.NO.4219 OF 2008 ------------------------------------------ Dated 5th January 2009 O R D E R Revision petitioner is the accused and first respondent, the complainant in C.C.3221/03 on the file of Judicial First Class Magistrate, Muvattupuzha. Petitioner was convicted and sentenced to simple imprisonment for three months and to pay compensation of Rs.1,56,000/- and in default simple imprisonment for one month for the offence under Section 138 of Negotiable Instruments Act. Petitioner challenged the conviction and sentence before Sessions court, Ernakulam in Crl.A.419/2008. Learned Additional Sessions Judge on re-appreciation of evidence confirmed the conviction and sentence and dismissed appeal. It is challenged in the revision. 2. Learned counsel appearing for revision petitioner was heard. 3. Learned counsel appearing for revision petitioner submitted that in view of the evidence on record and the concurrent findings of fact revision CRRP 4219/08 2 petitioner is not challenging the conviction but sentence may be modified and petitioner may be granted three days time to pay the amount due to first respondent. 4. On hearing learned counsel and going through the records of courts below, I find no reason to interfere with the conviction. Evidence establish that revision petitioner entered into a hire purchase agreement for purchase of vehicle from first respondent and had agreed to pay the value of the vehicle in 12 equal monthly instaments. Evidence also establish that Ext.P3 cheque was issued by revision petitioner towards the amount due under the hire purchase agreement and when it was presented for encashment it was dishonoured for want of sufficient funds. Evidence also establish that first respondent had complied with all the statutory formalities provided under Sections 138 and 142 of Negotiable Instruments Act. In such circumstances conviction for the offence under Section 138 of Negotiable Instruments Act is perfectly legal. 5. Then the only question is regarding the sentence. So long as the sentence is not varied or CRRP 4219/08 3 altered against the interest of first respondent, it is not necessary to issue notice to first respondent. As per the sentence awarded by the courts below, first respondent is to get compensation of Rs.1,56,000/-. Ext.P3 cheque is for Rs.1,56,000/-. Considering the entire facts of this case, interest of justice will be met if sentence is modified to imprisonment till rising of court and fine of Rs.1,56,000/- and in default simple imprisonment for two months with a direction to pay the fine on realisation to first respondent as compensation. 6. Revision petition is allowed in part. Conviction of the revision petitioner for the offence under Section 138 of Negotiable Instruments Act is confirmed. Sentence is modified. Petitioner is sentenced to imprisonment till rising of court and fine of Rs.1,56,000/- and in default simple imprisonment for two months. On realisation of fine, it is to be paid to first respondent as compensation under Section 357(1) of Criminal Procedure Code. 7. Learned counsel appearing for revision petitioner submitted that petitioner is prepared to pay fine within three days and revision petitioner CRRP 4219/08 4 will appear before the Magistrate on 9/1/2009. Revision petitioner is directed to appear before the learned Magistrate on 9/1/2009. M.SASIDHARAN NAMBIAR, JUDGE. uj.