IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 Crl.Rev.Pet.No. 3394 of 2008() ------------------------------ CRA.364/2006 of ADDL. SESSIONS COURT(ADHOC)III, PATHANAMTHITTA ST.324/2003 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: ------------------------------------------------- K.M.SHAJU, KOORAN HOUSE, YORDHANAPURAM P.O., ANGAMALY. BY ADV. SRI.JOSE THETTAYIL SRI.T.P.PRADEEP RESPONDENT(S): RESPONDENT/COMPLAINANTS & STATE: ---------------------------------------------------------------- 1. LAWSON TRAVEL AND TOURS (I) PVT. LTD., THOUFEEQ COMPLEX, RAVIPURAM, KOCHI. REP. BY JOSE KURIAN,EBEN EZER COTTAGE,MYLAPRA PATHANAMTHITTA. GENERAL MANAGER IS REP.BY P/A HOLDER C.NARAYANA PILLAI, CHIEF ACCOUNTANT LAWSON TRAVEL & TOURS (I) PVT. LTD., BRANCH KOCHI. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M. NAZER THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO. 3394 of 2008 =========================== Dated this the 17th day of October,2008 O R D E R Petitioner is the accused in S.T.324/2003 on the file of Chief Judicial Magistrate, Pathanamthitta. First respondent is the complainant. He was convicted and sentenced for the offence under section 138 of Negotiable Instruments Act by Chief Judicial Magistrate, Pathanamthitta. Petitioner challenged the conviction and sentence before Sessions Court, Pathanamthitta in Crl.A.364/2006. Learned Sessions Judge on reappreciation of evidence confirmed the conviction but modified the sentence to imprisonment till rising of the court and a fine of Rs.3,25,000/- and in default simple imprisonment for six months. On realisation of the fine, it was directed to be paid to first respondent as compensation under section 357(1) of Code of CRRP3394/2008 2 Criminal Procedure. The conviction and sentence is challenged in this revision. 2. Learned counsel appearing for petitioner was heard. 3. Learned counsel appearing for petitioner submitted that petitioner is not challenging the conviction and because of the financial conditions he is not in a position to pay the fine and he may be granted the maximum time possible to pay fine. 4. On going through the judgments of the courts below, I do not find any reason to interfere with the conviction or sentence. The evidence establish that Ext.P1 cheque was issued towards discharge of existing liability and when it was presented for encashment, 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. Conviction of the petitioner is perfectly legal. 5. Though learned Magistrate awarded a sentence CRRP3394/2008 3 of imprisonment for six months, learned Sessions Judge modified it to imprisonment till rising of the court and a fine with default sentence of six months. The fine is also for the amount covered by the cheque. In such circumstance, sentence also does not warrant any interference. In view of the submission of the learned counsel that petitioner is in financial difficulties, he is granted four months time to pay the fine. Revision is dismissed. Petitioner is directed to appear before the Chief Judicial Magistrate, Pathanamthitta on the expiry of four months from today. M.Sasidharan Nambiar Judge tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- CRL.R.P.NO. /08 --------------------- ORDER MARCH,2008 OF 2006 =========================== Dated this the day of October,2008 ORDER M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006