IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 3657 of 2008()
1. SURESH KUMAR, KARUNTHARASSARAYIL HOUSE,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. SANAL KUMAR, MURIYATTU HOUSE, VADAYAR,
For Petitioner :SRI.DILIP MOHAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :13/11/2008
O R D E R
M.SASIDHARAN NAMBIAR, J.
...........................................
CRL.R.P.NO. 3657 OF 2008
............................................
DATED THIS THE 13th DAY OF NOVEMBER, 2008
ORDER
Revision petitioner is the accused and second respondent,
the complainant in S.T.213 of 2004 on the file of Judicial First
Class Magistrate, Vaikom. Petitioner was convicted and
sentenced to simple imprisonment for six months and a
compensation of Rs.39,360/- for the offence under Section 138 of
N.I.Act. Conviction was challenged before Sessions Court,
Kottayam in Crl.A.139 of 2006. Learned Sessions Judge, on
reappreciation of evidence, confirmed the conviction and
sentence and dismissed the appeal. It is challenged in this
revision petition.
2. Learned counsel appearing for petitioner was heard.
Learned counsel submitted that revision petitioner is not
challenging the conviction and the sentence may be modified.
Learned counsel made an endorsement that revision petitioner is
not challenging the conviction. So long as sentence is not varied
or modified against the interest of second respondent, it is not
necessary to issue notice to second respondent. Interest of
justice will be met, if sentence is modified to imprisonment till
CRRP 3657/2008 2
rising of court and fine directing payment of fine as
compensation.
3. Revision petition is allowed. Sentence is modified.
Petitioner is sentenced to imprisonment till rising of court and a
fine of Rs.45,000/- and in default, simple imprisonment for two
months. On realisation of fine, Rs.40,000/- to be paid to second
respondent as compensation under Section 357(1) of Code of
Criminal Procedure. Petitioner is granted three months time
from today to pay the fine. Petitioner is directed to appear before
learned Magistrate on 19.2.2009.
M.SASIDHARAN NAMBIAR, JUDGE
lgk/-