IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 Crl.Rev.Pet.No. 1339 of 2003(B) --------------------------------------------------- CRA.437/2000 of III ADDL. SESSIONS COURT (ADHOC), THRISSUR ST.2810/1997 of JUDL. MAGISTRATE OF FIRST CLASS COURT,CHALAKUDY .................... REVN. PETITIONER/APPELLANT/ACCUSED: SACHITHANANDAN, S/O. UNNICHECKAN, KODIYATH HOSUE, PADI, KODALI, THRISSUR DISTRICT. BY ADV. SRI.N.K.MOHANLAL RESPONDENTS/RESPONDENTS/COMPLAINANT NO.1: 1. THOMAS, S/O. JOSEPH, CHAKKADATH HOUSE, ALOOR VILLAGE, MUKUNDAPURAM, THRISSUR. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.A.C.DEVY FOR R1 PUBLIC PROSECUTOR SMT.PUSHPALATHA FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 22/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.APPL. 5645/2003 IN CRRP 1339/2003 DISMISSED 22.7.2010 SD/-M.SASIDHARAN NAMBIAR, JUDGE /TRUE COPY/ M.Sasidharan Nambiar, J. -------------------------- Crl.R.P.No.1339 of 2003 -------------------------- ORDER Petitioner, the accused in S.T.No.2810/1997 on the file of Judicial First Class Magistrate's Court, Chalakudy, was convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act. Though he challenged the conviction and sentence before Sessions Court, Thrissur in Crl.A.No.437/2000, learned Additional Sessions Judge, on re-appreciation of evidence, confirmed the conviction and modified the sentence to simple imprisonment for one month maintaining the compensation, viz., Rs.17,000/-. This revision is filed challenging the conviction and sentence. 2. Learned counsel appearing for the petitioner and first respondent were heard. 3. Learned counsel appearing for the petitioner submitted that in view of the evidence and the concurrent finding of facts, petitioner is not CRRP 1339/03 2 challenging the conviction, but the sentence may be modified. Learned counsel submitted that Exhibit P1 cheque is only for Rs.16,250/- and in such circumstances, the substantive sentence may be avoided. Learned counsel appearing for the first respondent pointed out that Exhibit P1 cheque was issued on 11.8.1994 and if the sentence is to be modified, adequate compensation is to be paid. 4. Considering the fact that the amount covered by Exhibit P1 dishonoured cheque is only Rs.16,250/-, in the interest of justice, the sentence could be modified to imprisonment till rising of court and a compensation of Rs.20,000/- and in default, simple imprisonment for one month. Revision is allowed in part. Conviction of the petitioner for the offence under Section 138 of Negotiable Instruments Act is confirmed. The sentence is modified. In supersession of the sentence awarded by the learned Magistrate, as modified by the learned Additional Sessions Judge, CRRP 1339/03 3 petitioner is sentenced to imprisonment till rising of court and a compensation of Rs.20,000/- (Rupees Twenty thousand only) and in default, simple imprisonment for one month. Petitioner is directed to appear before Judicial First Class Magistrate, Chalakudy on 30.08.2010. The Magistrate is directed to execute the sentence. 22nd July, 2010 (M.Sasidharan Nambiar, Judge) tkv CRRP 1339/03 4 M.Sasidharan Nambiar, J. -------------------------- Crl.R.P.No.1339 of 2003 -------------------------- ORDER 22nd July, 2010