IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 Crl.Rev.Pet.No. 3301 of 2008() ----------------------------------------- CRA.245/2007 OF SESSIONS COURT, PATHANAMTHITTA ST.109/2005 OF CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA .................... REVN. PETITIONER/APPELLANT/ACCUSED:- -------------------------------------------------------------- RAVEENDRAN @ RAVI, MULLASSERIL, VALIYAKAVU P.O., RANNY, PATHANAMTHITTA DISTRICT. BY ADV. SRI.PHILIP M.VARGHESE RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE: ----------------------------------------------------------------------------------- 1. M.LATHEEF, PAZHAYA VEEDU, KULASEKHARAPETTA, PATHANAMTHITTA DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M.KAMAPPU FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06/11/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ M. SASIDHARAN NAMBIAR, J. ------------------------------------------ CRL.R.P. NO. 3301 OF 2008 ------------------------------------------ Dated this the 6th day of November, 2008 O R D E R Revision petitioner is the accused and first respondent the complainant in S.T.109 of 2005 on the file of Chief Judicial Magistrate, Pathanamthitta. First respondent lodged the complaint contending that revision petitioner borrowed Rs.10,000/- on 15.10.2004 and Rs.10,000/- on 15.11.2004 and towards discharge issued Exts.P1 and P2 cheques dated 12.12.2004 drawn in his account maintained in Pathanamthitta branch of Indian Overseas Bank and both the cheques were dishonoured for the reason that account was closed and in spite of Ext.P6 notice received by the petitioner under Ext.P7, demanding the amount covered by the dishonoured cheques, he did not pay and thereby committed the offence under section 138 of Negotiable Instruments Act. Petitioner pleaded not guilty. First respondent was examined as PW1. Exts.P1 to P7 were marked. Petitioner was examined as DW1 and Exts.D1 reply notice and postal receipt were marked. Learned Magistrate on the evidence found the petitioner guilty and CRRP3301/08 2 convicted and sentenced the petitioner to simple imprisonment for three months and Rs.24,000/- as compensation under section 357(3) of Cr.P.C. Petitioner challenged the conviction and sentence before Sessions Court, Pathanamthitta in Crl. Appeal 245 of 2007. Learned Sessions Judge on reappreciation of evidence confirmed the conviction but modified the sentence to imprisonment till rising of Court, in addition to a compensation of Rs.20,000/-. Revision is filed challenging the conviction and sentence. 2. Learned counsel appearing for petitioner did not challenge the conviction or the sentence. Learned counsel only sought one month's time to pay the compensation as directed by learned Magistrate and confirmed by learned Sessions Judge. On the facts and circumstances of the case petitioner is granted one month time from today to appear and to pay the compensation as directed by Courts below. Revision is dismissed. Petitioner is directed to appear before learned Magistrate on 16.12.2008. M. SASIDHARAN NAMBIAR, JUDGE Okb/-