IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 Crl.Rev.Pet.No. 195 of 2003() ----------------------------- CRA.250/1996 of SESSIONS COURT, KOZHIKOE ST.5426/1995 of JUDL. MAGISTRATE OF FIRST CLASS-II(MOBILE), KOZHIKODE .................... REVN. PETITIONER: PETITIONER-APPELLANT-ACCUSED ---------------------------------------------- C.DAMODARAN, KEDHARAM, 1/4339-A ERANHIPALAM, CALICUT - 6. BY ADV. SRI.V.G.ARUN RESPONDENTS: RESPONDENTS-COMPLAINANT ------------------------------------ 1. V.K.RAVUNNYKUTTY, KIZHAKKE KOVILAKAM HOUSE, P.O.VELLANUM NORTH, PARAPPANANGADI, MALAPPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR C.M.KAMMAPPU THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 27/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.GIRI, J ------------------- Crl.R.P.195/2003 -------------------- Dated this the 27th day of August, 2008 ORDER The accused in S.T.No.5426/1995 on the files of the Judicial First Class Magistrate-II, Kozhikode, who was convicted and sentenced for an offence punishable under Section 138 of the Negotiable Instruments Act, is the petitioner herein. The trial Court having found him guilty, sentenced him to undergo simple imprisonment for a period of three months. The appellate Court modified the sentence by reducing the period of imprisonment to two weeks, but required the petitioner to pay compensation to the tune of Rs.12,000/-. Same has been challenged in this revision. 2. I heard learned counsel for the petitioner. There is no appearance on behalf of the accused, though notice has been served on him from this Court. Learned counsel for the revision petitioner limits his submission only to the question of sentence. The cheque was alleged to have been issued for an amount of Rs.12,000/- and the appellate Crl.R.P.195/2003 2 Court has directed payment of compensation to the tune of Rs.12,000/-. Half of the amount was paid pursuant to the direction of this Court issued, while suspending the sentence imposed by the appellate Court. 3. In the facts and circumstances of the case, I am inclined to interfere with the sentence imposed by the Courts below. 4. In the result, the Criminal Revision Petition is allowed in part. While upholding the conviction of the petitioner under Section 138 of the Negotiable Instruments Act, the sentence imposed on him is modified to the following effect. 5. The petitioner shall suffer imprisonment till the rising of the Court and also pay compensation to the tune of Rs.12,000/- to the complainant under Section 357 (3) of the Code of Criminal Procedure, within a period of two months from today. The amount already paid/deposited by the accused shall be given credit to. Crl.R.P.195/2003 3 Parties shall appear before the Court below on 13.10.2008 to enable the accused to undergo the sentence of imprisonment as directed by this Court. V.GIRI, Judge mrcs