IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 Crl.Rev.Pet.No. 3807 of 2008() ------------------------------ CRA.851/2003 of ADDL. SESSIONS COURT (ADHOC-2), THRISSUR CC.886/2000 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD .................... REVISION PETITIONER(S): APPELLANT/ACCUSED: --------------------------------------------------------------------------- K.S.BABURAJ, S/O.SURENDRAN, AGED 36 YEARS, KANAKPARAMBIL HOUSE, CHOOLPRAM DESOM, IRINGAPPURAM AMSOM, CHAVAKKAD TALUK. BY ADVOCATES MR.C.A.CHACKO, MS.C.M.CHARISMA MR.N.A.SHAFEEK RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE: ---------------------------------------------------------------------------------------- 1. M.P.ANILKUMAR, S/O. PARAN, MATHRAMKOTT HOUSE, KOTTAPPADY DESOM, POOKKODE AMSOM, CHAVAKKADU TALUK. 2. THE STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADVOCATES MR.RAJIT, MR.RANJIT BABU, MR.K.VENUGOPALAN. R2 BY PUBLIC PROSECUTOR MR.P.R.JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.R.P.NO.3807 OF 2008 ------------------------------------------ Dated 28th January 2009 O R D E R Revision petitioner is the accused and first respondent the complainant in C.C.886/2000 on the file of Judicial First Class Magistrate, Chavakkad. Revision petitioner was convicted and sentenced to simple imprisonment for three months and compensation of Rs.45,000/- and in default simple imprisonment for three months. Revision petitioner challenged the conviction before Sessions court, Thrissur in Crl.A.851/2003. Learned Additional Sessions Judge on re-appreciation of evidence confirmed the conviction but modified the sentence to imprisonment till rising of court and compensation of Rs.60,000/- and in default simple imprisonment for two months. Revision is filed challenging the conviction and sentence. 2. Learned counsel appearing for revision petitioner and first respondent were heard. 3. Learned counsel appearing for revision CRRP 3807/08 2 petitioner submitted that in view of the concurrent conviction and evidence on records revision petitioner is not challenging the conviction but revision petitioner may be granted time to pay the compensation. Learned counsel appearing for respondent submitted that learned Additional Sessions Judge was not justified in reducing the default sentence. 3. On hearing the learned counsel and going through the judgments of the courts below, I find no reason to interfere with the conviction. Evidence of first respondent as PW1 establish that revision petitioner borrowed Rs.45,000/- from first respondent on 5/7/1999 and Ext.P1 cheque was issued towards its repayment which was dishonoured for want of sufficient funds, when presented for encashment. It was also established that first 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 is perfectly legal. 4. Learned Sessions Judge modified the substantive sentence from simple imprisonment for three months to imprisonment till rising of court. CRRP 3807/08 3 Compensation of Rs.45,000/- was modified to Rs.60,000/- reducing the period of default sentence from three months to two months. When compensation is awarded under Section 357(3) of Criminal Procedure Code, there cannot be a default sentence. Therefore, to that extent the sentence is illegal. I find no reason to interfere with the sentence on any other aspect. Revision is allowed in part. While confirming the conviction and sentence awarded by the Magistrate in C.C.886/2000 and confirmed by Sessions Judge in Crl.A.851/2003 the default sentence for compensation is set aside. Revision petitioner is granted two months time to pay the compensation. Revision petitioner is directed to appear before the Judicial First Class Magistrate, Chavakkad on 30/3/2009. M.SASIDHARAN NAMBIAR, JUDGE. uj.