IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 Crl.Rev.Pet.No. 524 of 2001 -------------------------------------------- CRA.394/1999 of V ADDL.SESSIONS COURT, ERNAKULAM CC.956/1995 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... REVN. PETITIONER/APPELLANT/ACCUSED: M.A.NAZAR, SUNITHA TRADING COMPANY, VII/633, JEW TOWN, KOCHI – 682 002. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENTS/RESPONDENTS/COMPLAINANTS: 1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ISSAC ABRAHAM, G-43, PANAMPILLY NAGAR, ERNAKULAM. BY PP SRI.T.J.AMBOOKEN FOR R1 ADV. SRI.C.P.UDAYABHANU FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 26/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.P.NO.2521/2001 IN CR.R.P.NO.524/2001 CLOSED 26.5.2009 SD/-K.P.BALACHANDRAN, JUDGE /TRUE COPY/ K.P. Balachandran, J. -------------------------- Crl.R.P.No.524 of 2001 -------------------------- ORDER The accused in C.C.No.956/95 on the file of the Additional Chief Judicial Magistrate's Court, Ernakulam, convicted for offence under Section 138 of the Negotiable Instruments Act and sentenced thereunder is the petitioner. On conviction, the learned Magistrate sentenced him to undergo simple imprisonment for three months observing that there is no chance for realisation of fine, if imposed. However, in appeal filed by the petitioner, the conviction was confirmed, but, sentence was modified to one of fine of Rs.25,000/- and in default to undergo simple imprisonment for three months. 2. Having heard the submissions of counsel on both sides and perusing the records, I am convinced that there is no incorrectness, illegality or impropriety in the conviction entered into by the CRRP 524/01 2 courst below. The appellate court has taken a lenient view and converted the sentence of imprisonment to one of fine with default clause. No interference is required to be made either in the conviction or in the sentence by this Court in revision. In the result, confirming the conviction and the sentence, as modified by the appellate court, I dismiss this revision petition. 26th May, 2009 (K.P.Balachandran, Judge) tkv CRRP 524/01 3 K.P.Balachandran, J. -------------------------- Crl.R.P.No.524 of 2001 -------------------------- ORDER 26th May, 2009