IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 Crl.Rev.Pet.No. 370 of 2009() ----------------------------- CRA.427/2006 of ADDL. SESSIONS COURT (ADHOC), THRISSUR CC.121/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR .................... REVN. PETITIONER(S): APPELLANT/ACCUSED --------------------------------------------------- MANOHARAN, S/O.SREEDHARAN, KOTHAYIL HOUSE, PARAPULLI BAZAR, THIRUVALLUR, LOKAMALESWARAM VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.JAGAN GEORGE SRI.P.G.PRAMOD RESPONDENT(S): RESPONDENTS/COMPLAINANT ------------------------------------------------------ 1. KARTHIKEYAN, S/O.SANKARAN, KOKKUVAYIL HOUSE, NADAVARAMBA, EDAVILANGU, KODUNGALLUR TALUK, THRISSUR DISTRICT. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M. NAZAR FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 30/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO. 370 OF 2009 =========================== Dated this the 30th day of January,2009 ORDER Revision petitioner is the accused and first respondent the complainant in C.C.121/2005 on the file of Judicial First Class Magistrate, Kodungallur. 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, Thrissur in Crl.A.427/2006. Learned Additional Sessions Judge on reappreciation of evidence confirmed the conviction but modified the sentence to simple imprisonment for two months and a compenstion of Rs.1,10,000/- and in default simple imprisonment for three months. Revision is filed challenging the conviction and sentence. CRRP 370/2009 2 2. Learned counsel appearing for revision petitioner was heard. 3. Learned counsel submitted that in view of the evidence on record and concurrent findings of fact revision petitioner is not challenging the conviction but the sentence may be modified and six months time may be granted to the revision petitioner to pay the amount. 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 issued Ext.P1 cheque for Rs.1,00,000/- towards the repayment of the amount. It is also established that cheque was dishonoured for want of sufficient funds and first respondent had complied with all the statutory formalities provided under section 138 and 142 of Negotiable Instruments Act. Conviction of revision petitioner for the offence under section 138 of Negotiable Instruments Act is CRRP 370/2009 3 perfectly legal. 6. Then the only question is regarding the sentence. As per the modified sentence, first respondent is entitled to a compensation of Rs.1,10,000/-. 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 fine with a direction to pay compensation to first respondent. So long as the sentence is not varied or modified against the interest of first respondent, it is not necessary to issue notice to first respondent. Revision is therefore allowed in part. Conviction of revision petitioner for the offence under section 138 of Negotiable Instruments Act is confirmed. Sentence is modified. Revision petitioner is sentenced to imprisonment till rising of court and a fine of Rs.1,15,000/- and in default simple imprisonment for three months. On realisation of fine,Rs.1,10,000/- is to be paid to CRRP 370/2009 4 first respondent as compensation under section 357 (1)(b) of the Code of Criminal Procedure. Revision petitioner is granted five months time to pay the fine. Revision petitioner is directed to appear before the Judicial First Class Magistrate, Kodungallur on 1.7.2009. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006