IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 Crl.Rev.Pet.No. 234 of 2009() ----------------------------- CRA.44/2007 of ADDL. SESSIONS COURTS (ADHOC), MAVELIKKARA CC.1283/2004 of JUDL.MAGISTRATE OF FIRST CLASS, MAVELIKKARA .................... REVN. PETITIONER/ APPELLANT/ACCUSED; --------------------------------------- M.D.THOMAS, REDLAND TEA FACTORY, KOCHUKARIMTHARUVI, EALAPPARA, IDUKKI NOW RESIDING AT BY ADV. SRI.RAJU K.MATHEWS RESPONDENT(S): RESPONDENT/COMPLAINANT; -------------------------------------- 1. C.L.SURESH, S/O.LEKSHMANAN, SURESH BHAVAN, VARENICKAL MURI, THEKKEKARA, MAVELIKARA. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR PUSHPALATHA THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 03/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO. 234 OF 2009 =========================== Dated this the 3rd day of February,2009 ORDER Revision petitioner is the accused and first respondent the complainant in C.C.1283/2004 on the file of Judicial First Class Magistrate, Mavelikara. Revision petitioner was convicted and sentenced for the offence under section 138 of Negotiable Instruments Act. Revision petitioner challenged the conviction before Additional Sessions Court, Mavelikara in Crl.A.44/2007. Learned Additional Sessions Judge on reappreciation of evidence confirmed the conviction and modified the sentence to simple imprisonment for three months and a compensation of Rs.50,000/-. Revision is filed challenging the conviction and sentence. 2. Learned counsel appearing for revision CRRP 234/2009 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 but the sentence may be modified and he is ready to pay the amount covered by the dishonoured cheque to first respondent and time may be granted for payment. 4. On going through the judgments of the courts below, I find no reason to interfere with the conviction. 5. Evidence establish that revision petitioner borrowed Rs.2,00,000/- from first respondent and towards its repayment issued Ext.P1 cheque which was dishonoured for want of sufficient funds, when presented for encashment. It is also established that first respondent had complied with all statutory formalities provided under section 138 and 142 of Negotiable Instruments Act. In such circumstance, conviction of the revision petitioner CRRP 234/2009 3 for the offence under section 138 of Negotiable Instruments Act is perfectly legal. 6. Then the question is regarding the sentence. So long as the sentence is not altered or varied against the interest of first respondent, it is not necessary to issue notice to first respondent. As per the sentence modified by Additional Sessions Judge, first respondent is to get a compensation of Rs.50,000/- only. Ext.P1 cheque is for Rs.2,00,000/-. Considering the entire facts and circumstances of the case, interest of justice will be met if the sentence is modified to imprisonment till rising of court and a fine of Rs.2,00,000/- the amount covered by the dishonoured cheque. Revision is allowed. Conviction is confirmed. Sentence is modified. Revision petitioner is sentenced to imprisonment till rising of court and in default simple imprisonment for two months. On realisation of fine, it is to be paid to first CRRP 234/2009 4 respondent as compensation under section 357(1)(b) of Code of Criminal Procedure. Revision petitioner is granted to six months time to pay the amount. He is permitted to pay the compensation directly to first respondent and produce the receipt and satisfy the Magistrate that fine, which is to be paid on realisation as compensation to first respondent was paid. Revision petitioner is directed to appear before the Judicial First Class Magistrate, Mavelikkara on 3.7.2009. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006