IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 Crl.Rev.Pet.No. 2428 of 2008() ------------------------------ CRA.261/2003 of ADDL. SESSIONS COURT-II, MAVELIKKARA CC.176/2000 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHENGANNUR .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------------------- P.K.SREEDHARAN 60 YEARS, S/O.LATE KARUTHA KUNJU, SREE NILAYAM MULAKKUZHA PO., CHENGANNUR ALAPUZHA BY ADV. SRI.S.HARIKRISHNAN SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENT(S): RESPONDENT/COMPLAINANT ---------------------------------------------------- 1. PRASAD, PAREMADATHIL VEEDU UMAYATTUKARA MURI, KALLISSERI PO., CHENGANNUR 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM BY PUBLIC PROSECUTOR SRI.C.M. NAZAR FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO. 2428 OF 2008 =========================== Dated this the 1st day of December,2008 ORDER Revision petitioner is the accused and first respondent the complainant in C.C.176/2000 on the file of Judicial First Class Magistrate-I, Chengannur. Petitioner was convicted for the offence under section 138 of Negotiable Instruments Act. Conviction was challenged before Additional Sessions Court, Mavelikkara in Crl.A.261/2003. Learned Additional Sessions Judge on reappreciation of evidence confirmed the conviction and sentence. The sentence was simple imprisonment for two months and a compensation of Rs.35,000/- and in default simple imprisonment for one month. Revision is filed challenging the conviction and sentence. 2. Learned counsel appearing for the revision petitioner was heard. 3. The learned counsel submitted that revision petitioner is not challenging the conviction but CRRP 2428/2008 2 the sentence may be modified and revision petitioner may be granted three months time to pay the amount. 4. So long as the sentence is not varied or modified against the interest of first respondent it is not necessary to issue notice to first respondent. 5. On going through the judgments of the courts below, I find no reason to interfere with the conviction. 6. Evidence conclusively establish that Ext.P1 cheque was issued by the revision petitioner towards the repayment of Rs.35,000/- borrowed earlier and the cheque was dishonoured for want of sufficient funds under Ext.P2. First respondent has complied with all the statutory formalities provided under section 138 and 142 of Negotiable Instruments Act. Conviction of the revision petitioner for the offence under section 138 of Negotiable Instruments Act is perfectly legal. 7. Ext.P1 cheque is dated 23.2.2000 and is for CRRP 2428/2008 3 Rs.35,000/-. Learned Magistrate sentenced the revision petitioner to simple imprisonment for two months in addition to the compensation which was confirmed by the learned Sessions Judge. Interest of justice will be met, if the sentence is modified to imprisonment till rising of the court and a fine of Rs.40,000/- and in default simple imprisonment for two months. On realisation of fine, Rs.36,000/- to be paid to first respondent as compensation under section 357(1) of 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 the court and a fine of Rs.40,000/- and in default simple imprisonment for two months. On realisation of fine, Rs.36,000/- to be paid to first respondent as compensation under section 357(1) of the Code of Criminal Procedure. Revision petitioner is granted CRRP 2428/2008 4 three months time to pay the fine. Revision petitioner is directed to appear before the Judicial First Class Magistrate, Changannur on 3.3.2009. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006