IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 Crl.Rev.Pet.No. 3379 of 2004(B) ------------------------------- CRA.305/2001 of ADDL. SESSIONS COURT-II, MAVELIKKARA CC.11/1998 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHENGANNUR .................... REVN. PETITIONER/APPELLANT/ACCUSED: --------------------------------------------------------------- P. RAJAPPAN, POLACKAL VEEDU, KAVIYOOR VILLAGE, THIRUVALLA TALUK. BY ADV. SRI. M.V.S.NAMBOOTHIRY RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE: --------------------------------------------------------------------------------- 1. T.G. MOHANAN, THONTHARA VEEDU, CHERIYANADU VILLAGE, CHENGANNUR. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.S.HARIKRISHNAN R2 BY PUBLIC PROSECUTOR SRI. S.V.NAZAR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 16/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK N.K.BALAKRISHNAN, J. -------------------------------- Crl.R.P. No.3379 of 2004 ---------------------------------- Dated this the 16th day of August 2011 O R D E R The accused is in revision. He was found guilty concurrently of the offence punishable under Sec.138 of the Negotiable Instruments Act and was convicted thereunder. The learned Magistrate sentenced him to undergo S.I. for three months and to pay Rs.5,000/- and in default to undergo S.I. for one month. Besides he was also directed to pay Rs.34,600/- as compensation. His appeal was dismissed by the learned Sessions Judge. 2. Though the cheque in question was for Rs.50,600/- the courts below found that the amount due to the complainant was only Rs.34,600/-. The evidence regarding execution of the cheque and the formalities to be complied with were properly appreciated by the two courts below. Hence the conviction is confirmed. The learned Crl.R.P. No.3379 of 2004 -: 2 :- counsel for the accused/revision petitioner submits that a sum of Rs.34,600/- has already been deposited by the accused before the trial court and so the sentence may be modified. In the result, this Crl.R.P. is disposed of as stated below :- The conviction is confirmed. In supersession of the sentence awarded by the court below, the revision petitioner is sentenced to imprisonment till the rising of the court and to pay Rs.34,600/- as compensation. The sentence regarding fine of Rs.5,000/- is set aside. The revision petitioner will appear before the J.F.C.M.-I, Chenganacherry on 23.9.2011 to undergo imprisonment till the rising of the court and to pay Rs.34,600/- as compensation, if not already deposited. Sd/- N.K.BALAKRISHNAN, JUDGE. Jvt Crl.R.P. No.3379 of 2004 -: 3 :- Words & date “J.F.C.M.-1, Chenganacherry on 23.9.2011” occurring in the last paragraph of the order dated 16.8.2011 in Crl.R.P. 3379/04 are corrected and substituted as “J.F.C.M.-1, Chengannur on 28.9.2011”, vide order dated 22.9.2011 in Crl.R.P.No.3379/04. Sd/- Registrar (Judicial)