IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 Crl.Rev.Pet.No. 2762 of 2008() ------------------------------ CRA.503/2007 of ADDL.SESSIONS COURT (ADHOC-II) ERNAKULAM CC.145/2004 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI .................... REVN. PETITIONER(S): APPELLANT ---------------------------------------- MAXIM K. BABY, PROPRIETOR, P & J MARKETING SERVICES, VASANTHAM, SNRA - 164, PAIPPINMOOU, PEROORKADA, THIRUVANANTHAPURAM. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT(S): RESPONDENT/COMPLAINANT ---------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. BAJAJ ELECTRICALS LIMITED, HAVING ITS REGISTERED OFFICE AT 45-47 VEER NARIMAN POINT, MUMBAI-23,AND ITS BRANCH OFFICE AT BAJAJ BAVAN,42/877 ABC, POWER HOUSE ROAD,ERNAKULAM-18, REP. BY ITS P/A HOLDER AND BRANCH SALES SUPPORT MANAGER SRI.CYRIAC THOMAS ADV. SRI.N.SUBRAMANIAM FOR R2 SRI.M.S.NARAYANAN FOR R2 SRI.P.T.GIRIJAN FOR R2 SMT.USHA NARAYANAN FOR R2 BY PUBLIC PROSECUTOR SRI.C.M.NAZAR FOR R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 18/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO. 2762 OF 2008 =========================== Dated this the 18th day of December,2008 ORDER Revision petitioner is the accused and second respondent the complainant in C.C.145/2004 on the file of Judicial First Class Magistrate Court-I, Kochi. Revision petitioner was convicted and sentenced for the offence under section 138 of Negotiable Instruments Act. Revision petitioner challenged the conviction and sentence before the Additional Sessions Court, Ernakulam in Crl.A.503/2007. Learned Sessions Judge on reappreciation of evidence confirmed the conviction but modified the sentence to simple imprisonment for one month and a fine of Rs.3,40,000/- with a direction to pay the same on realisation to second respondent as compensation. Revision is filed challenging the conviction. 2. Learned counsel appearing for the revision petitioner and second respondent were heard. CRRP 2762/2008 2 3. Learned counsel submitted that in view of the concurrent findings of fact revision petitioner is not challenging the conviction and is prepared to pay the fine to second respondent within one month. 4. On hearing the learned counsel and going through the judgments of the courts below, I find no reason to interfere with the conviction. 5. Evidence establish that Ext.P1 cheque for Rs.3,52,588/- was issued by the revision petitioner towards discharge of existing liability and it was dishonoured for want of sufficient funds and second respondent had 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 Negotiable Instruments Act is perfectly legal. 6. Then the only question is regarding the sentence. It is admitted that during the pendency of the trial revision petitioner had paid Rs.75,000/- out of the amount due to second respondent. Considering the entire facts and CRRP 2762/2008 3 circumstances of the case, interest of justice will be met, if the sentence is modified to imprisonment till rising of court and a fine of Rs.2,85,000/- and in default simple imprisonment for three months. On realisation of fine, it is to be paid to second respondent as compensation under section 357(1) of the Code of Criminal Procedure. Revision is allowed in part. Conviction of the 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.2,85,000/- and in default simple imprisonment for three months. On realisation of fine, it is to be paid to second respondent as compensation. Revision petitioner is granted one month's time to pay the fine. Revision petitioner is directed to appear before the Judicial First Class Magistrate, Kochi on 27.1.2009. M.SASIDHARAN NAMBIAR JUDGE tpl/- CRRP 2762/2008 4 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006