IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 Crl.Rev.Pet.No. 3758 of 2008() ----------------------------------------- CRA.178/2007 of ADDL. DISTRICT & SESSIONS COURT, FAST TRACK (ADHOC-II), KOZHIKODE. ST.118/2005 of JUDL. MAGISTRATE OF FIRST CLASS, KUNNAMANGALAM .................... REVN. PETITIONER/APPELLANT/ACCUSED ------------------------------------------------------------ ACHUTHAN, S/0.NAGAN, OZHALOTH HOUSE, POST.CHENNAMANGALLORE VIA.MUKKAM, KOZHIKODE BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT/COMPLAINANT & STATE: --------------------------------------------------------- 1. T.UNNIKRISHNAN, S/O.CHATHU, THENAYIL HOUSE, MAVOOR PO., KOZHIKODE. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.C.M.NAZAR FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 20/11/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ M.SASIDHARAN NAMBIAR, J. ........................................... CRL.R.P.NO. 3758 OF 2008 ............................................ DATED THIS THE 20th DAY OF NOVEMBER, 2008 ORDER Revision petitioner is the accused and first respondent, the complainant in S.T.118 of 2005 on the file of Judicial First Class Magistrate, Kunnamangalam. Petitioner was convicted and sentenced to imprisonment till rising of court and a compensation of Rs.30,000/- and in default, simple imprisonment for one month for the offence under Section 138 of N.I.Act. Petitioner challenged the conviction before Sessions Court, Kozhikode in Crl.A.178 of 2007. Learned Additional Sessions Judge, on reappreciation of evidence, confirmed the conviction and sentence and dismissed the appeal. It is challenged in this revision petition. 2. Learned counsel appearing for petitioner was heard. Learned counsel submitted that revision petitioner is not challenging the conviction or sentence, but he may be granted six months time to pay the compensation. 3. Learned Magistrate and learned Sessions Judge appreciated the evidence in the proper perspective and found that Ext.P1 cheque dated 25.11.2004 was issued by revision petitioner towards repayment of Rs.30,000/- borrowed in September 2004 and the cheque was dishonoured for want of sufficient funds and first CRRP 3758/2008 2 respondent has complied with all the statutory formalities. There is no illegality in the conviction for the offence under Section 138 of N.I.Act. 4. Learned Magistrate sentenced the petitioner only to undergo imprisonment till rising of court in addition to a compensation of Rs.30,000/-. The amount covered by the dishonoured cheque is only Rs.30,000/-. In such circumstances, sentence also does not warrant any interference. 5. Revision petition is dismissed. Petitioner is granted five months time from today to pay the compensation. Petitioner is directed to appear before learned Magistrate on 22.4.2009. M.SASIDHARAN NAMBIAR, JUDGE lgk/-