IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 Crl.Rev.Pet.No. 3589 of 2008() ------------------------------ CRA.137/2003 of ADDITIONALDISTRICT & SESSIONS COURT (ADHOC)-II, KOLLAM CC.697/2000 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM .................... REVISION PETITIONER/APPELLANT/ACCUSED: ---------------------------------------------------------------------- B.RAVEENDRAN PILLAI, AGED 45 YEARS, S/O.BHASKARA PILLAI, RESIDING AT VADAKKEDATHU VEEDU, S.R.P.MARKET P.O. THAZHAVA. BY ADV. SRI.HARISH GOPINATH RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE: ----------------------------------------------------------------------------------------- 1. S.SANKAR LAL, AGED 34 YEARS, S/O.SOMAN, RESIDING AT SANKARLAL SADANAM, KANDARAMKANI, MONROE ISLAND, KOLLAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.M. KAMAPPU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO. 3589 OF 2008 =========================== Dated this the 7th day of November,2008 ORDER Revision petitioner is the accused and first respondent the complainant in C.C.697/2000 on the file of Judicial First Class Magistrate Court-I, Kollam. Petitioner was convicted for the offence under section 138 of Negotiable Instruments Act. He was sentenced to simple imprisonment for one month and a compensation of Rs.30,000/- and in default simple imprisonment for two weeks. Petitioner challenged the conviction and sentence before Sessions Court, Kollam in Crl.A.137/2003. Learned Sessions Judge on reappreciation of evidence confirmed the conviction and sentence and dismissed the appeal. Revision is filed challenging the conviction and sentence. 2. Learned counsel appearing for petitioner was heard. 3. The revision petitioner filed a statement CRRP 3589/2008 2 to the effect that he is not challenging the conviction and only the sentence and in fact he had paid the entire amount due to the first respondent and as the first respondent is not in India a petition to compound the offence could not be moved. 4. On hearing the learned counsel and on going through the judgment, I do not find any reason to interfere with the conviction. The evidence establish that Ext.P1 dishonoured cheque was issued by the petitioner towards repayment of the amount due. It is also proved that the cheque 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. Conviction of the petitioner for the offence under section 138 of N.I. Act is perfectly legal. 5. So long as the sentence is not to be modified or varied against the interest of the first respondent, it is not necessary to issue CRRP 3589/2008 3 notice to first respondent. Considering the nature of the offence, interest of justice will be met if the sentence is modified to imprisonment till rising of the court and a fine of Rs.30,000/- and in default simple imprisonment for one month. On realisation of the fine, Rs.30,000/- to be paid to first respondent as compensation. On the submission of the learned counsel for the petitioner that he will pay the compensation directly to first respondent and produce a receipt petitioner is permitted for the same. Revision is allowed. Conviction of the petitioner for the offence under section 138 of Negotiable Instruments Act is confirmed. Sentence is modified to imprisonment till rising of the court and a fine of Rs.30,000/- and in default simple imprisonment for two months. On realisation of the fine it is to be paid to first respondent as compensation under section 357(1) of the Code of Criminal Procedure. Petitioner is permitted to pay the fine, which is to be paid as compensation, CRRP 3589/2008 4 directly to first respondent and produce the receipt before the learned Magistrate. Petitioner is directed to appear before the Magistrate on 31.12.2008. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006