IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 Crl.Rev.Pet.No. 3918 of 2008() ------------------------------ CRA.667/2006 of ADDL. SESSIONS COURTS (ADHOC), MAVELIKKARA CC.230./2005 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHENGANNUR .................... REVN. PETITIONER(S): REVISION PETITIONER/APPELLANT/ACCUSED ---------------------------------------------------------- DAYAKUMAR, AGED 35 YEARS, S/O.BALAN, KALEECKAL KANDATHIL VEEDU, ERAMATHOOR MURI, MANNAR VILLAGE. BY ADV. SRI.R.REJI SRI.B.BIPIN RESPONDENT(S): RESPONDENTS/STATE AND COMPLAINANT ------------------------------------------------ 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. A.R.SURENDRAN, AGED 42 YEARS, USHAS VEEDU, KURATTISSERI MURI, MANNAR VILLAGE. R1 BY PUBLIC PROSECUTOR C.M.NAZAR SRI.IYPE JOSEPH FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 16/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.R.P.NO.3918 OF 2008 ------------------------------------------ Dated 16th January 2009 O R D E R Revision petitioner is the accused and second respondent, the complainant in C.C.230/2005 on the file of Judicial First Class Magistrate-I, Chengannur. Revision petitioner was convicted and sentenced to simple imprisonment for three months and compensation of Rs.1,50,000/- an in default simple imprisonment for two months for the offence under Section 138 of Negotiable Instruments Act. Revision petitioner challenged the conviction and sentence before the Additional Sessions court, Mavelikara in Crl.A.667/2006. Learned Additional Sessions Judge on re-appreciation of evidence confirmed the conviction and sentence and dismissed the appeal. It is challenged in the revision. 2. Learned counsel appearing for revision petitioner and learned counsel appearing for second respondent were heard. 3. Learned counsel appearing for revision CRRP 3918/08 2 petitioner submitted that in view of the evidence on record and the concurrent findings of fact, revision petitioner is not challenging the conviction but sentence may be modified and time may be granted to make payment. 4. On going through the judgments of the courts below, I find no reason to interfere with the conviction. Evidence establish that revision petitioner borrowed Rs.1,50,000/- from second respondent and issued Ext.P1 cheque dated 3/1/2005 for repayment of that amount, which was dishonoured for want of sufficient funds when presented for encashment. It is also proved that second respondent had complied with all statutory formalities provided under Sections 138 and 142 of Negotiable Instruments Act. In such circumstances conviction of revision petitioner for the offence under Section 138 of Negotiable Instruments Act is perfectly legal. 5. Then the question is regarding the sentence. Ext.P1 cheque is for Rs.1,50,000/-. Learned Magistrate awarded a compensation of Rs.1,50,000/- to second respondent. Considering the entire facts and circumstances of the case, interest of justice will be CRRP 3918/08 3 met, if the sentence is modified to imprisonment till rising of court and fine with a direction to pay compensation out of the fine to second respondent on realisation. Revision petition is allowed in part. Conviction of revision petitioner for the offence under Section 138 of Negotiable Instruments Act is confirmed. Sentence is modified. Revision petitioner is sentenced to imprisonment till rising of court and fine of Rs.1,60,000/- and in default simple imprisonment for two months. On realisation of fine Rs.1,50,000/- to be paid to second respondent as compensation under Section 357 (1)(b) of Code of Criminal Procedure. Revision petitioner is granted five months time to pay the fine. Revision petitioner is directed to appear before Judicial First Class Magistrate-II, Kottayam on 15/6/2009. M.SASIDHARAN NAMBIAR, JUDGE. uj. “Judicial First Class Magistrate-II, Kottayam” occurring in the last sentence of the final order dated 16/1/2009 in Crl.R.P.3918/2008 is corrected and substituted as “Judicial First Class Magistrate-I, Chengannur” vide order dated 15/10/2010 in Crl.M.A.9710/2010 in Crl.R.P.3918/2008. Sd/-Registrar(Judicial) CRRP 3918/08 4