IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 Crl.Rev.Pet.No. 3695 of 2008() ------------------------------ CRA.440/2007 of ADDL.SESSIONS COURT-III, KOZHIKODE ST.876/2006 of SPECIAL JUDICIAL FIRST CLASS MAGISTRATE (MARAD CASES) KOZHIKODE. .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: --------------------------------------- SHIBU.N.S., AGED 30 YEARS, S/O.SREEDHARAN N.K., NIRAPPATH HOUSE, P.O.ATHIRATTUKUNNU, KENICHIRA, WAYANAD DISTRICT. BY ADV. SRI.P.R.SREEJITH RESPONDENT(S): RESPONDENTS/COMPLAINANT: --------------------------------------- 1. PARASMAL LUNAWAT, S/O.PADAMCHAND JAIN, PROPRIETOR, DOLPHIN FINANCIAL SERVICES, E.K.P.COMPLEX, OPPOSITE PAICO, KALLAI ROAD, KOZHIKODE, REPRESENTED BY P/A HOLDER, K.GIRISHAN, S/O.BHASKARAN, GREENS, NEAR WATER TANK, PUTHIYARA P.O., KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M. KAMAPPU FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO. 3695 OF 2008 =========================== Dated this the 1st day of December,2008 ORDER Revision petitioner is the accused and first respondent the complainant in S.T.876/2006 on the file of Special Judicial First Class Magistrate (Marad Cases), Kozhikode. Petitioner was convicted and sentenced for the offence under section 138 of Negotiable Instruments Act. Petitioner challenged the conviction and sentence before Sessions Court, Kozhikode in Crl.A.440/2007. Learned Sessions Judge on reappreciation of evidence confirmed the conviction but modified the sentence to imprisonment till rising of court and a compensation of Rs.95,000/-. Revision is filed challenging the conviction and sentence. 2. Learned counsel appearing for the revision petitioner was heard. 3. Learned counsel in view of the evidence on record and the concurrent findings of the courts CRRP 3695/2008 2 below submitted that revision petitioner is not challenging the conviction but revision petitioner may be granted six months time to pay the amount as directed by learned Sessions Judge. 4. On going through the judgments of the courts below, I find no reason to interfere with the conviction or sentence. 5. The courts below on the evidence found that Ext.P3 cheque was issued towards the amount due and it was dishonoured for want of sufficient funds and first respondent had complied with all the statutory formalities provided under section 138 and 142 of Negotiable Instruments Act. Conviction of the revision petitioner for the offence under section 138 of Negotiable Instruments Act is therefore perfectly legal. Learned Sessions Judge modified the sentence to imprisonment till rising of court in addition to compensation which was also only for the amount covered by the dishonoured cheque. In such circumstance, there is no reason to interfere with the sentence also. CRRP 3695/2008 3 Revision is dismissed. Revision Petitioner is granted six months time to pay the compensation as directed by Additional Sessions Judge, Kozhikode. Revision petitioner is directed to appear before the Special Judicial First Class Magistrate, Kozhikode on 3.6.2009. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006