IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 Crl.Rev.Pet.No. 3634 of 2008(E) ------------------------------- CRA.1090/2005 of SPL.COURT SPE/CBI-II & IV ADDL.SESSIONS COURT, ERNAKULAM CC.493/2002 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, ERNAKULAM .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED: --------------------- VIJAYAKUMAR P.G., S/O. GOPALAN, V/708, CHANDIROOR, ALLEPPEY-688 547. BY ADV. SRI.PHILIP T.VARGHESE SRI.N.SASI RESPONDENT(S)/RESPONDENTS/COMPLAINANT & STATE: ------------------ 1. M/S/ APL CO. PVT. LTD., 24/1463, BRISTOW ROAD, W.ISLAND, COCHIN-3, REP. BY ITS POWER HOLDER AND MANAGER C.K.K. PRABHU. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. C.M. NAZAR FOR R2 SRI.N.SUKUMARAN FOR R1 SRI.S.SHYAM FOR R1 SRI.V.K.BALACHANDRAN FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 02/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------ CRL.R.P. NO. 3634 OF 2008 ------------------------------------------ Dated this the 2nd day of December, 2008 O R D E R Revision petitioner is the accused and first respondent the complainant in C.C. 493 of 2002 on the file of Judicial First Class Magistrate-I, Ernakulam. Petitioner was convicted and sentenced to simple imprisonment for three months and a compensation of Rs.1,75,000/- for the offence under section 138 of Negotiable Instruments Act. Petitioner challenged the conviction before Additional Sessions Court, Ernakulam in Crl. Appeal 1090 of 2005. Learned Additional Sessions Judge on reappreciation 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 the learned counsel appearing for first respondent, who appeared on receiving the notice sent in the application to condone the delay in filing the revision, were heard. 3. Learned counsel appearing for revision petitioner submitted that revision petitioner is not challenging the CRRP3634/08 2 conviction but the sentence may be modified and he may be granted three 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 Ext.P2 cheque was issued towards discharge of the freight charges. It is also proved that Ext.P2 cheque was dishonoured for want of sufficient funds and in spite of Ext.P5 notice, revision petitioner did not pay the same. First respondent has also complied with all the statutory formalities provided under section 138 and 142 of N.I. Act. Conviction of the petitioner for the offence under section 138 of Negotiable Instruments Act is perfectly legal. 5. Then the only question is regarding the sentence. Ext.P2 cheque is for Rs.1,29,951/-. Learned Magistrate awarded a sentence of simple imprisonment for three months in addition to a compensation of Rs.1,75,000/-. Considering the entire facts and circumstances of the case interest of justice will be met if the sentence is reduced to imprisonment till rising of Court in addition to a compensation of Rs.1,75,000/- as awarded by learned Sessions Judge. Revision is allowed in part. Conviction of the petitioner for CRRP3634/08 3 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 a fine of Rs.1,75,000/- and in default simple imprisonment for three months. On realisation of fine, it is to be paid to first respondent as compensation under section 357(1)(b) of Code of Criminal Procedure. Petitioner is granted three months time to pay fine from today. Petitioner is directed to appear before Judicial First Class Magistrate-I, Ernakulam on 4.3.2009. M. SASIDHARAN NAMBIAR, JUDGE Okb/-