IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 Crl.Rev.Pet.No. 374 of 2009() ----------------------------- CRA.851/2005 of ADDL. SESSIONS COURT (ADHOC), THRISSUR ST.2735/1995 of JUDL. MAGISTRTE OF FIRST CLASS COURT-III, THRISSUR .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------------------- BAIJU S/O.SURESH, THANDASSERY HOUSE, VELLATTANJUR VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE ---------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. M/S.KSHEMANIDHI KURIES AND LOANS PVT.LTD VIMALA BUILDING, RICE BAZAR, THRISSUR, REPRESENTED BY ITS DIRECTOR T.L.GEORGE, S/O.THATHATHIL LONAPPAN, S.N.PARK DESOM, ARNANATTUKARA VILLAGE, THRISSUR DISTRICT. BY PUBLIC PROSECUTOR SRI.C.M. NAZAR FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 30/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO. 374 OF 2009 =========================== Dated this the 30th day of January,2009 ORDER Revision petitioner is the accused and second respondent the complainant in S.T.2735/1995 on the file of Judicial First Class Magistrate-III, Thrissur. Revision petitioner was convicted and sentenced to simple imprisonment for three months and a compensation of Rs.50,000/- and in default simple imprisonment for three months for the offence under section 138 of Negotiable Instruments Act. Conviction was confirmed by Additional Sessions Judge, Thrissur in Crl.A.851/2005. Revision is filed challenging the conviction and sentence. 2. Learned counsel appearing for the revision petitioner was heard. 3. Learned counsel submitted that in view CRRP 374/2009 2 of the evidence on record and the concurrent findings of fact, revision petitioner is not challenging the conviction but the sentence may be modified and revision petitioner may be granted time for payment of the amount. 4. On going through the judgments of the courts below, I find no reason to interfere with the conviction. 5. Evidence establish that towards the balance amount due under the chitty transaction revision petitioner issued Ext.P1 cheque to second respondent for Rs.49,588.50 and the cheque was dishonoured for want of sufficient funds and second respondent had complied with all the statutory formalities provided under section 138 and 142 of Negotiable Instruments Act. In such circumstance, conviction of the revision petitioner for the offence under section 138 of Negotiable Instruments Act is perfectly legal. 6. Then the only question is regarding the CRRP 374/2009 3 sentence. So long as the sentence is not altered or modified against the interest of second respondent, it is not necessary to issue notice to second respondent. As per the sentence awarded by the learned Sessions Judge second respondent is to get a compensation of Rs.50,000/-. Considering the entire facts and circumstances of the cases, interest of justice will be met if the sentence is modified to imprisonment till rising of court with a direction to pay the fine on realisation to first respondent as compensation. 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 court and a fine of Rs.50,000/- and in default simple imprisonment for two months. On realisation of the fine it is to be paid to first respondent as compensation under section 357(1)(b) of Code of CRRP 374/2009 4 Criminal Procedure. Revision petitioner is granted three months time to pay the fine. Revision petitioner is directed to appear before the Judicial First Class Magistrate III, Thrissur on 4.5.2009. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006