IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 14TH DECEMBER 2006 / 23RD AGRAHAYANA 1928 Crl.Rev.Pet.No. 2291 of 2004(B) ------------------------------------------------ (Against the judgment in C.C.685/99 dated 30-11-2002 on the file of the court of the Chief Judicial Magistrate Court, Kasaragod and judgment in Crl.Appeal No.294/02 dated 19-02-2004 on the file of the Addl. Sessions Judge (Ad-Hoc) II Kasaragod.) ................................ REVN. PETITIONER: APPELLANT/ACCUSED: -------------------------------------------------------------------- SHASHI, AGED 27 YEARS, S/O. ANANDA, DEVI RESTAURANT, KUNJATHUR, UDYAVAR, KUNJATHUR, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENTS: RESPONDENTS/COMPLAINANT/STATE: ----------------------------------------------------------------------------------------- 1. B.M.DINESH, S/O. KORANGA GURIKARA, R/NEAR KASHIMETTA, BANGARAMANJESHWARA, MANJESHWARA, KASARAGOD DIST. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 14/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.NO.2291 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of December 2006 ORDER The accused convicted and sentenced for offence under Section 138 of N.I. Act is the petitioner. The trial court found him guilty of offence punishable under Section 138 of N.I. Act; convicted him thereunder and sentenced him to undergo R.I. for a term of six months and to pay a fine of Rs.12,000/- and in default to undergo R.I. for a further term of three months. On appeal filed by the petitioner the appellate court confirmed the conviction but modified and reduced the sentence to one of simple imprisonment for two months with direction to pay compensation of Rs.10,000/- and in default to undergo simple imprisonment for a further term of two months. 2. Counsel for the petitioner submits that on going through the records, he is not able to canvas for the contention that the conviction of the petitioner concurrently by the courts below for offence under Section 138 of N.I. Act is not tenable as there is no illegality, impropriety or irregularity in the findings arrived at by the courts below as regards guilt of the petitioner. The only request that is advanced by the counsel for the petitioner is to have the sentence modified and reduced so as to have imprisonment avoided. Crl.R.P.NO.2291 OF 2004 Page numbers Respondent also is agreeable to that course. Considering the entire circumstances of the case, I am of the view that the request made by the counsel for the petitioner has to be favourably considered. 3. In the result, while confirming the conviction of the petitioner for offence under Section 138 of N.I. Act I modify and reduce the sentence awarded to him to one of imprisonment for one day till rising of court and to pay a compensation of Rs.10,000/- to the first respondent/complainant and in default to undergo simple imprisonment for a term of two months. The petitioner is directed to surrender before the Chief Judicial Magistrate, Kasaragod in the F.N. on 30-1-2007 to serve the sentence. He shall make payment of the compensation ordered to be paid positively on that day failing which the Chief Judicial Magistrate shall see that the sentence of imprisonment in default of payment of compensation is enforced forthwith. This revision is disposed of as above. K.P.BALACHANDRAN, JUDGE jes