IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 Crl.Rev.Pet.No. 327 of 2009() ----------------------------- CRA.598/2007 of ADDL.SESSIONS COURT (ADHOC)-II, KOTTAYAM CC.427/2005 of JUDL. MAGISTRATE OF FIRST CLASS, VAIKOM .................... REVISION PETITIONER(S): APPELLANT/ACCUSED: ---------------------------------------------------------------------------- V.K. CHANDRASEKHARAN NAIR, WORKING IN PAPER MACHINE PLANT, ATTENDER, GRADE NO.3, BADGE NO. 1424, HINDUSTAN NEWS PRINT CO., NEWS PRINT NAGAR PO., MEVALLOOR KARA, VELLOOR VILLAGE. BY ADVOCATE MR.T.H.ABDUL AZEEZ RESPONDENT(S): RESPONDENT:COMPLAINANT & STATE: --------------------------------------------------------------------------------------- 1. M.S. VIJAYAN, S/O. SANKARAN, MUTHOLIL HOUSE, NORTH KIDANGOOR P.O., ANKAMALI, THURAVOOR VILLAGE, ALUVA TALUK, ERNAKULAM DIST. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR. P.R.JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.R.P.NO.327 OF 2009 ------------------------------------------ Dated 28th January 2009 O R D E R Revision petitioner is the accused and first respondent, the complainant in C.C.427/2005 on the file of Judicial First Class Magistrate, Vaikom. Revision petitioner was convicted and sentenced to simple imprisonment for six months and compensation of Rs.50,000/- and in default simple imprisonment for two months for the offence under Section 138 of Negotiable Instruments Act. Conviction was challenged before Sessions court, Kottayam in Crl.A.598/2007. Learned Additional Sessions Judge on re-appreciation of evidence confirmed the conviction but modified the sentence to imprisonment till rising of court and fine of Rs.50,000/- and in default simple imprisonment for two months with a direction to pay the fine, on realisation, to first respondent as compensation. It is challenged in this revision. 2. Learned counsel appearing for revision CRRP 327/09 2 petitioner was heard. 3. Learned counsel submitted that in view of the evidence on record and the concurrent findings of fact revision petitioner is not challenging the conviction or the sentence and revision petitioner may be granted six months time to pay the fine. 4. On going through the judgments of the courts below, I find no reason to interfere with the conviction. Evidence establish that revision petitioner borrowed Rs.50,000/- and issued Ext.P1 cheque towards its repayment. It was dishonoured for want of sufficient funds when presented for encashment. It is also established that first respondent had complied with all the statutory formalities provided under Sections 138 and 142 of Negotiable Instruments Act. In such circumstance, conviction of revision petitioner for the offence under Section 138 of Negotiable Instruments Act is perfectly legal. 5. Learned Sessions Judge modified the sentence to imprisonment till rising of court and fine of Rs.50,000/-, which is the amount covered by the dishonoured cheque, with a direction to pay the fine on realisation, to first respondent as compensation. In CRRP 327/09 3 such circumstances, I find no reason to interfere with the sentence also. 6. Revision is dismissed. Revision petitioner is granted four months time to pay the compensation. Revision petitioner is directed to appear before Judicial First Class Magistrate, Vaikom on 29/5/2009. Revision petitioner is also permitted to pay fine, which is to be paid to first respondent as compensation directly and produce the receipt before the Magistrate and to satisfy that compensation was paid. M.SASIDHARAN NAMBIAR, JUDGE. uj.