IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 Crl.Rev.Pet.No. 135 of 2009() ----------------------------- CC.442/2001 of ADDL. SESSIONS COURT (ADHOC), KOLLAM CRA.319/2004 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... REVN. PETITIONER(S): APPELLANT ------------------------------ M.S. SURESHKUMAR, S/O. SREEDHARAN, SURESH BHAVAN, ARYANADU, THIRUVANANTHAPURAM. BY ADV. SRI.A.RAJASIMHAN RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ 1. T.V. SANU, S/O.T.C. VARUTHAPPAN, THOLATHU HOUSE, MULANKADAKOM, KOLLAM, PARTNER M/S. MAJESTIC FOOT WEAR, PAIKKADA ROAD, KOLLAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PP SRI MUHAMMED PUZHAKKARA THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 13/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ........................................... CRL.R.P.NO. 135 OF 2009 ............................................ DATED THIS THE 13th DAY OF JANUARY, 2009 ORDER Revision petitioner is the accused and first respondent, the complainant in C.C.442 of 2001 on the file of Judicial First Class Magistrate-II, Kollam. Revision petitioner was convicted and sentenced to simple imprisonment for six months and a fine of Rs.5,000/- by the Magistrate. Revision petitioner challenged the conviction before Sessions Court, Kollam in Crl.A.319 of 2004. Learned Additional Sessions Judge, on reappreciation of evidence, confirmed the conviction and modified the sentence to simple imprisonment for three months and a compensation of Rs.1,79,969/-, the amount covered by the dishonoured cheque. Revision petition is filed challenging the conviction and sentence. 2. Learned counsel appearing for revision petitioner was heard. Learned counsel submitted that in view of the concurrent findings of the courts below and the evidence on record, revision petitioner is not challenging the conviction but sentence may be modified and revision petitioner may be granted time to pay the amount. 3. On going through the judgments of the courts below, I do not find any reason to interfere with the conviction. Evidence establish that revision petitioner purchased goods worth Rs.1,79,969/-, from the CRRP 135/2009 2 shop of first respondent and issued Ext.P1 cheque for the same drawn in his account and the cheque when presented for encashment, was dishonoured for want of sufficient funds. It is also proved that first respondent had complied with all the statutory formalities provided under Section 138 and 142 of N.I.Act. In such circumstances, conviction of revision petitioner for the offence under Section 138 of N.I.Act is perfectly legal. 4. Then the question is with regard to the sentence. So long as sentence is not varied or modified against the interest of first respondent, it is not necessary to issue notice to first respondent. As per the modified sentence awarded by the learned Additional Sessions Judge, first respondent is to get a compensation of Rs.1,79,969/-, the amount covered by the dishonoured cheque. Considering the entire facts and circumstances of the case, interest of justice will be met, if the sentence is modified to imprisonment till rising of court, in addition to a fine, with a direction to pay compensation to first respondent on realisation of fine. 5. Revision petition is allowed in part. Conviction of revision petitioner for the offence under Section 138 of N.I.Act is confirmed. Sentence is modified. Revision petitioner is sentenced to imprisonment till rising of court and a fine of Rs.1,80,000/- and in default, simple imprisonment for two months. On realisation of fine, CRRP 135/2009 3 Rs.1,76,000/- is to be paid to first respondent as compensation under Section 357(1)(b)of Code of Criminal Procedure. Revision petitioner is granted six months time from today to pay the fine. He is directed to appear before Judicial First Class Magistrate-II, Kollam on 13.7.2009. M.SASIDHARAN NAMBIAR, JUDGE lgk