IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 Crl.Rev.Pet.No. 129 of 2009() ----------------------------- CRA.351/2007 of ADDL. SESSIONS COURT-II, MAVELIKKARA CC.775/2006 of JUDL.MAGISTRATE OF FIRST CLASS, KAYAMKULAM .................... REVN. PETITIONER(S): --------------------- BALAKRISHNAN, AGED 54 YEARS S/O. NARAYANAN BINU BHAVANAM PERINAGALA MURI KAYAMKULAM VILLAGE. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SRI.B.BIPIN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP, BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. M.SHAJAHAN, AGED 35 YEARS, S/O. MUHAMMED KUNJU PLAMOOTIL VEEDU(MATTATHAYYATHU) ERUVA MURI PATHIYOOR VILLAGE. PUBLIC PROSECUTOR SRI MYHAMMED PUZHAKKARA THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 15/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ........................................... CRL.R.P.NO. 129 OF 2009 ............................................ DATED THIS THE 15th DAY OF JANUARY, 2009 ORDER Revision petitioner is the accused and second respondent, the complainant in C.C.775 of 2006 on the file of Judicial First Class Magistrate, Kayamkulam. Revision petitioner was convicted and sentenced for the offence under Section 138 of N.I.Act. Revision petitioner challenged the conviction before Sessions Court, Mavelikkara in Crl.A.351 of 2007. Learned Additional Sessions Judge, on reappreciation of evidence, confirmed the conviction, but modified the sentence to simple imprisonment for three months and a compensation of Rs.1,00,000/- and in default, simple imprisonment for two months. It is challenged in the revision petition. 2. Learned counsel appearing for revision petitioner was heard. Learned counsel submitted that in view of the concurrent findings of the courts below and the evidence on record, revision petitioner is not challenging the conviction, but sentence may be modified and revision petitioner may be granted reasonable time to pay the amount covered by the dishonoured cheque. Learned counsel also filed Crl.M.A.333 of 2009 stating that he is not challenging the conviction and need only modification of the sentence and time for payment. 3. On hearing the learned counsel and going through the CRRP 129/2009 2 judgments of the courts below, I do not find any reason to interfere with the conviction. Evidence establish that revision petitioner issued Ext.P1 cheque for Rs.1,00,000/- in discharge of the amount legally due. It is also proved that the cheque was dishonoured for want of sufficient funds and in spite of notice, revision petitioner did not pay the amount and second respondent had complied with all the statutory formalities provided under Section 138 and 142 of N.I.Act. In such circumstances, conviction of revision petitioner for the offence under Section 138 of N.I.Act is perfectly legal. 4. Then the question is with regard to the sentence. So long as the sentence is not varied or modified against the interest of second respondent, it is not necessary to issue notice to second respondent. As per the modified sentence, second respondent is entitled to get a compensation of Rs.1,00,000/-. Considering the entire facts and circumstances of the case, interest of justice will be met, if the sentence is modified to imprisonment till rising of court, in addition to a fine, with a direction to pay compensation to second respondent on realisation of fine. 5. Revision petition is allowed in part. Conviction of revision petitioner for the offence under Section 138 of N.I.Act is confirmed. Sentence is modified. Revision petitioner is sentenced to imprisonment till rising of court and a fine of Rs.1,10,000/- and in CRRP 129/2009 3 default, simple imprisonment for two months. On realisation of fine, Rs.1,00,000/- to be paid to second respondent as compensation under Section 357(1)(b) of Code of Criminal Procedure. Revision petitioner is granted four months time from today to pay the fine. He is directed to appear before the Magistrate on 14.5.2009. M.SASIDHARAN NAMBIAR, JUDGE lgk