IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 Crl.Rev.Pet.No. 3761 of 2008() ------------------------------ S.T.NO.1725/2004 OF JUDICIAL MAGISTRATE OF FIRST CLASS, PATTAMBI CRA.519/2006 OF SESSIONS COURT, PALAKKAD. REVN. PETITIONER(S): APPELLANT/ACCUSED; -------------------------------------------------- SREESANKAR, S/O.UNNI AYYAPPAN, AGED 35 YEARS, CHAKKINGALTHODI VEEDU, POST VADANAMKURUSSI. BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT(S): RESPONDENTS/COMPLAINANT AND STATE: ------------------------------------------------- 1. SREEHARI, S/O.RAMACHANDRAN, NEDUNGADI, VADASSERIPARAMBIL VEEDU, POST NELLAYA VIA.CHERPLASSERY. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M. KAMAPPU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 21/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO.3761 OF 2008 =========================== Dated this the 21st day of November,2008 ORDER Revision petitioner is the accused and first respondent the complainant in S.T.No.1725/2004 on the file of Judicial First Class Magistrate, Pattambi. Petitioner was convicted and sentenced to simple imprisonment for two months and a compensation of Rs.25,000/- and in default simple imprisonment for one month by the learned Magistrate. Petitioner challenged the conviction and sentence before the Sessions Court, Palakkad in Crl.A.519/2006. Learned Sessions Judge on reappreciation of evidence confirmed the conviction but modified the sentence to a fine of Rs.25,000/- and in default simple imprisonment for one month. It was also directed that on realisation it is to be paid to the first respondent as compensation under section 357(1) of the Code of Criminal Procedure. CRRP3761/2008 2 2. Learned counsel appearing for the petitioner was heard. 3. Learned counsel submitted that petitioner is not challenging the conviction or sentence and petitioner may be granted four months time to pay the fine. Learned counsel submitted that the sentence in S.T.1726/2004 another case lodged by the very same first respondent alleging commission of an offence under section 138 of Negotiable Instruments Act was modified by this court granting four months time and in such circumstance, petitioner may be granted four months time to pay the fine. 4. On going through the judgments of the courts below, I find no reason to interfere with the conviction. Evidence establish that the dishonoured cheque was issued towards the discharge of existing liability and it was dishonoured for want of sufficient funds and first respondent has complied with all the statutory formalities provided under section 138 and 142 of Negotiable Instruments Act. CRRP3761/2008 3 Conviction of the petitioner for the offence under section 138 of Negotiable Instruments Act is confirmed. 5. Learned Sessions Judge modified the sentence to only a fine with a default sentence of simple imprisonment for one month and that too only for the amount covered by the dishonoured cheque. In such circumstance, sentence also does not warrant any interference. Revision is dismissed. Petitioner is granted four months time from today to pay the fine. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006