IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 4240 of 2008()
1. SOMAN.K.P.S/O.PADMANABHAN, MANAGING
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. M.V.THOMAS, MANAGING PARTNER, AISWARYA
For Petitioner :SRI.AJITH MURALI
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :08/01/2009
O R D E R
M. SASIDHARAN NAMBIAR,J.
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CRL.R.P.NO. 4240 OF 2008
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Dated this the 8th day of January, 2009
O R D E R
Revision petitioner is the accused and second respondent
the complainant in C.C.1336 of 2003 on the file of Judicial First Class
Magistrate, Thiruvalla. Petitioner was convicted and sentenced for
the offence under section 138 of Negotiable Instruments Act. He
challenged the conviction before Sessions Court, Pathanamthitta in
Crl. Appeal 299 of 2007. Learned Sessions Judge on reappreciation of
evidence confirmed the conviction and modified the sentence to
imprisonment till rising of Court and a compensation of Rs.74,935/-,
the amount covered by the dishonoured cheque under section 357(3)
of Code of Criminal Procedure. Revision is filed challenging the
conviction and the sentence.
2. Learned counsel appearing for the revision petitioner, in
view of the evidence on record and the concurrent findings of Courts
below submitted that revision petitioner is not challenging the
conviction or the sentence and he may be granted four months time to
pay the compensation.
3. On going through the judgments of the Courts below, I
CRRP 4240/08
2
find no reason to interfere with the conviction or the sentence.
Evidence establish that towards payment of the amount due to the
first respondent under Ext.P1partnership agreement, revision
petitioner issued Ext.P2 cheque dated 28.6.2002 for Rs.74,935/- and
the cheque was dishonoured for want of sufficient funds when
presented and second respondent had complied with all the statutory
formalities provided under section 138 of Negotiable Instruments Act.
Conviction of the revision petitioner for the offence under section 138
of Negotiable Instruments Act is perfectly legal.
4. Though the Magistrate awarded a sentence of simple
imprisonment for three months, learned Sessions Judge modified the
sentence to imprisonment till rising of Court in addition to a direction
to pay compensation of the amount covered by the dishonoured
cheque to second respondent. In such circumstances I find no reason
to interfere with the sentence also.
Revision is dismissed. Revision petitioner is granted three
months time to pay the fine. Revision petitioner is directed to appear
before the Magistrate on 13.4.2009.
M. SASIDHARAN NAMBIAR, JUDGE
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