IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 4133 of 2008()
1. P.K.RAJENDRAN
... Petitioner
Vs
1. T.R.VIJAYAKUMAR
... Respondent
For Petitioner :SRI.B.PREMOD
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :19/12/2008
O R D E R
M. SASIDHARAN NAMBIAR, J.
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CRL.R.P. NO. 4133 OF 2008
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Dated this the 19th day of December, 2008
O R D E R
Revision petitioner is the accused and first respondent
the complainant in S.T.1547 of 2005 on the file of Judicial First
Class Magistrate-I, Kottayam. Revision petitioner was convicted
and sentenced for the offence under section 138 of Negotiable
Instruments Act. He challenged the conviction before Additional
Sessions Court, Kottayam in Crl. Appeal 125 of 2007. Learned
Additional Sessions Judge on reappreciation of evidence
confirmed the conviction but modified the sentence to
imprisonment till rising of Court and a fine of Rs.1,00,000/- and
in default simple imprisonment for four months with a direction
to pay the fine on realisation to first respondent as
compensation. Revision is filed challenging the conviction.
2. Learned counsel appearing for revision petitioner is
not challenging the conviction or sentence but only seeks time
for payment of the amount.
3. On going through the judgments of the Courts below,
I find no reason to interfere with the conviction or the sentence.
CRRP4133/08 2
Evidence establish that revision petitioner issued the
dishonoured cheque towards the discharge of a legal liability
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. Learned Sessions Judge modified the sentence to
imprisonment till rising of Court and fine which was only for the
amount covered by the dishonoured cheque. In such
circumstances there is no merit in the revision.
Revision is dismissed. Revision petitioner is granted five
months time to pay the fine. Revision petitioner is directed to
appear before the Magistrate on 20.5.2009.
M. SASIDHARAN NAMBIAR,
JUDGE
Okb/-