IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU WEDNESDAY, THE 14TH MARCH 2007 / 23RD PHALGUNA 1928 Crl.Rev.Pet.No. 385 of 2000(C) ------------------------------ CRA.49/1998 of SESSIONS COURT, THRISSUR ST.726/1996 of JUDL. MAGISTRTE OF FIRST CLASS COURT-III, THRISSUR .................... REVN. PETITIONER: ---------------------- C.L. JOSE, S/O. CHITTILAPPILLY LAZAR, NETTISSERY VILLAGE, MUKKATTUKARA DESOM, THRISSUR. BY ADV. SRI.P.VIJAYA BHANU SMT.MINI JOHN PAREMALIL RESPONDENTS: ----------------- 1. P.O. BENNY, S/O. PORUTHUKARAN DEVASSY, KODANNUR VILLAGE, THRISSUR TALUK. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.P.V.CHANDRA MOHAN SRI. BREEZE M.S., PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 14/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL. R.P. NO. 385/2000 : 2 : ORDER ON CRL.M.P. NO. 2228/2000 IN CRL. R.P. NO. 385/2000 DISMISSED 14.03.2007 SD/- K.R. UDAYABHANU, JUDGE. /True Copy/ P.A to Judge K.R. UDAYABHANU, J ================================= CRL. R.P. NO. 385 OF 2000 ================================= Dated this the 14 th day of March 2007 O R D E R The revision petitioner stands convicted for the offence under section 138 of the Negotiable Instruments Act and sentenced, as modified by the appellate court, to undergo simple imprisonment for three days and to pay a compensation of Rs.32,000/- vide section 357(3) Cr.P.C and in default to undergo simple imprisonment for 45 days. Out of the amount of compensation, Rs.30,000/- is to be paid to the complainant and the balance is to be credited to the state for the loss suffered by it in terms of the judicial time etc. 2. The prosecution evidence consisted of the testimony of PWs 1 to 3 and Exts. P1 to P6. The case of the complainant is that towards the discharge of liability cheque was issued for Rs.28,886/- on 10.03.1996 and the same was dishonoured for want of funds in the account. The execution of the cheque and CRL. R.P. NO. 385 OF 2000 : 2 : the dishonour stands proved from the evidence of PWs 1 to 3. The lawyer notice demanding payment was not replied to. No defence evidence was adduced. In the circumstances, the statutory presumptions stand unrebutted. 3. In the circumstances, the conviction of the revision petitioner under section 138 of the Negotiable Instruments Act is not liable to be interfered with in excise of the revisional jurisdiction. All the same, considering the plea of the counsel for the revision petitioner, the sentence is modified to imprisonment till rising of the court. The later portion of the sentence is also modified i.e., to pay a compensation of Rs. 30,000/- is to be paid to the complainant. The revision petitioner shall appear before Judicial First Class Magistrate -III, Thrissur on 18.04.2007 to receive sentence. The Crl. R.P is disposed of accordingly. K.R. UDAYABHANU, JUDGE. RV CRL. R.P. NO. 385 OF 2000 : 3 :