IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 Crl.Rev.Pet.No. 3610 of 2008() ------------------------------ CRA.584/2003 of ADDL.SESSIONS COURT, THALASSERY CC.462/2000 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR .................... REVN. PETITIONER(S): ACCUSED ------------------------------------- C.K. SANTHOSH, S/O. BHARATHAN, AGED 45 YEARS, BHARATH NIVAS, ALAVIL.P.O, KANNUR - 670 008. BY ADV. SRI.V.RAMKUMAR NAMBIAR RESPONDENT(S): COMPLAINANT AND ANR. -------------------------------------------------- 1. N. VIJAYAN, S/O. RAMAN, NANIYOOR NAMBRAM, P.O. KOLACHERRY, KANNUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.C.M.NAZAR FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO. 3610 OF 2008 =========================== Dated this the 11th day of November,2008 ORDER Revision petitioner is the accused and first respondent the complainant in C.C.462/2000 on the file of Judicial First Class Magistrate-I, Kannur. First respondent lodged the complaint contending that revision petitioner borrowed Rs.50,000/- on 1.12.1999 promising to repay the same within one month and he did not pay and thereafter issued Ext.P1 and Ext.P2 cheques respectively for Rs.30,000/- and Rs.20,000/- dated 15.12.1999 and 28.12.1999 and when the cheques were presented for encashment under Ext.P3, they were dishonoured and inspite of Ext.P4 notice served on the revision petitioner it was not paid and an offence under section 138 of Negotiable Instruments Act is committed. Petitioner pleaded not guilty. Learned Magistrate on the evidence of PW1 and Exts.P1 to P6 found the petitioner guilty. He was convicted and CRRP 3610/2008 2 sentenced to simple imprisonment for one year and a compensation of Rs.55,000/- and in default simple imprisonment for nine months. Petitioner challenged the conviction before Sessions Court, Thalassery in Crl.A.584/2003. Learned Sessions Judge on reappreciation of evidence confirmed the conviction but modified the sentence to imprisonment till rising of the court and a compensation of Rs.60,000/-. Revision is filed challenging the conviction and sentence. 2. Learned counsel appearing for the petitioner was heard. 3. Learned counsel submitted that in the light of the evidence, petitioner is not challenging the conviction or the sentence and petitioner may be granted four months time to pay the amount. On the evidence courts below rightly found that Ext.P1 and P2 cheques were issued towards repayment of the amount borrowed and they were dishonoured and inspite of the notice demanding the amount, petitioner did not pay the same and thereby CRRP 3610/2008 3 committed the offence under section 138 of Negotiable Instruments Act. Learned Sessions Judge while confirming the conviction modified the sentence to imprisonment till rising of the court in addition to compensation. In such circumstance, I find no reason to interfere with the conviction or sentence. As prayed for by the petitioner he is granted four months time from today to pay the compensation as directed by the learned Sessions Judge. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006