G.Kunjumon vs The Primary Co-Operative … on 14 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 3463 of 2008()


1. G.KUNJUMON, KIZHAKKEVEETTIL,
                      ...  Petitioner

                        Vs



1. THE PRIMARY CO-OPERATIVE AGRICULTURAL &
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.LIJU.V.STEPHEN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :14/11/2008

 O R D E R
              M.SASIDHARAN NAMBIAR,J.
            ===========================
           Crl.R.P. NO.3463     OF 2008
            ===========================

     Dated this the 14th day of November,2008

                       ORDER

Revision petitioner is the accused and first

respondent the complainant in C.C.1480/2006 on the

file of Judicial First Class Magistrate-I,

Pathanamthitta. Petitioner was convicted for the

offence under section 138 of Negotiable Instruments

Act. Petitioner challenged the conviction before

the Sessions Court, Pathanamthitta in

Crl.A.304/2007. Learned Sessions Judge on

reappreciation of evidence confirmed the conviction

and sentence. The sentence awarded was simple

imprisonment for four months and a fine of

Rs.86,000/- and in default simple imprisonment for

two months with a direction to pay the fine after

realisation to first respondent as compensation

under section 357(1) (b) of the Code of Criminal

Procedure. Revision is filed challenging the

conviction and sentence.

CRRP 3463/2008 2

2. Learned counsel appearing for petitioner

submitted that revision petitioner is not

challenging the conviction but the sentence may be

modified and revision petitioner may be granted

five months to pay the fine. So long as the

evidence is not varied or modified against the

interest of the first respondent, it is not

necessary to issue notice to first respondent.

Considering the facts and circumstances of the

case, interest of justice will be met if the

sentence is modified to imprisonment till rising of

court and fine. Hence Revision is allowed in

part. Conviction is confirmed. Sentence is

modified. Petitioner is sentenced to imprisonment

till rising of court and a fine of Rs.90,000/- and

in default simple imprisonment for two months. On

realisation of fine, Rs.86,000/- to be paid to

first respondent as compensation under section 357

(1) of Code of Criminal Procedure. Petitioner is

granted five months time to pay the fine.

M.SASIDHARAN NAMBIAR
JUDGE
tpl/-

M.SASIDHARAN NAMBIAR, J.

———————

W.P.(C).NO. /06

———————

JUDGMENT

SEPTEMBER,2006