IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 Crl.Rev.Pet.No. 3739 OF 2008() ------------------------------ CRA.408/2007 OF SESSIONS COURT(ADHOC-II), MANJERI CC.88/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, MANJERI .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------- E.P.SEETHI, S/O.MOYEEN, AGED 62 YEARS, ETTEPPADAN HOUSE, AMBALAKKADAVU P.O. NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.VIDYASAGAR RESPONDENT(S)/RESPONDENTS/COMPLAINANT AND STATE: ------------------------------------ 1. C.VIJAYARAJAN, S/O.KANARAN, CHATHANMARTHODIKA VEEDU, ARIMANAL PO., KALIKAVU, MALAPPURAM DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. C.M. KAMMAPPU FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------ CRL.R.P. NO. 3739 OF 2008 ------------------------------------------ Dated this the 19th day of November, 2008 O R D E R Revision petitioner is the accused and first respondent the complainant in C.C. 88 of 2007 on the file of Judicial First Class Magistrate-I, Manjeri. Petitioner was convicted and sentenced for the offence under section 138 of Negotiable Instruments Act and was sentenced to simple imprisonment for three months and a compensation of Rs.30,000/-. Petitioner challenged the conviction and sentence before Sessions Court, Manjeri in Crl. Appeal 408 of 2007. Learned Additional Sessions Judge on reappreciation of evidence confirmed the conviction but modified the sentence to imprisonment till rising of Court and a compensation of Rs.30,000/-. Revision is filed challenging the conviction and sentence. 2. Learned counsel appearing for revision petitioner was heard. 3. The learned counsel submitted that petitioner is not challenging the conviction or the sentence and he may be granted five months time to pay the compensation as directed by CRRP3739/08 2 the learned Sessions Judge. 4. On going through the judgment of the Courts below I do not find any reason to interfere with the conviction or the sentence. It is proved that the dishonoured cheque was issued from the account maintained by the revision petitioner, towards the payment of a legally recoverable debt and it was dishonoured for want of sufficient funds and first respondent has complied with all the statutory formalities provided under section 138 and 142 of Negotiable Instruments Act. Learned Sessions Judge modified the sentence to imprisonment till rising of Court and a compensation for the amount covered by the dishonoured cheque. In such circumstances revision is dismissed. Revision petitioner is granted five months time from today to pay the compensation as directed by learned Sessions Judge. Petitioner is directed to appear before the Magistrate on 18.4.2009. M. SASIDHARAN NAMBIAR, JUDGE Okb/-