IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 3758 of 2008()
1. ACHUTHAN, S/0.NAGAN,
... Petitioner
Vs
1. T.UNNIKRISHNAN, S/O.CHATHU,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.P.V.KUNHIKRISHNAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :20/11/2008
O R D E R
M.SASIDHARAN NAMBIAR, J.
...........................................
CRL.R.P.NO. 3758 OF 2008
............................................
DATED THIS THE 20th DAY OF NOVEMBER, 2008
ORDER
Revision petitioner is the accused and first respondent, the
complainant in S.T.118 of 2005 on the file of Judicial First Class
Magistrate, Kunnamangalam. Petitioner was convicted and sentenced
to imprisonment till rising of court and a compensation of Rs.30,000/-
and in default, simple imprisonment for one month for the offence
under Section 138 of N.I.Act. Petitioner challenged the conviction
before Sessions Court, Kozhikode in Crl.A.178 of 2007. Learned
Additional 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 or sentence, but he may be granted six months time to
pay the compensation.
3. Learned Magistrate and learned Sessions Judge appreciated
the evidence in the proper perspective and found that Ext.P1 cheque
dated 25.11.2004 was issued by revision petitioner towards
repayment of Rs.30,000/- borrowed in September 2004 and the
cheque was dishonoured for want of sufficient funds and first
CRRP 3758/2008 2
respondent has complied with all the statutory formalities. There is
no illegality in the conviction for the offence under Section 138 of
N.I.Act.
4. Learned Magistrate sentenced the petitioner only to undergo
imprisonment till rising of court in addition to a compensation of
Rs.30,000/-. The amount covered by the dishonoured cheque is only
Rs.30,000/-. In such circumstances, sentence also does not warrant
any interference.
5. Revision petition is dismissed. Petitioner is granted five
months time from today to pay the compensation. Petitioner is
directed to appear before learned Magistrate on 22.4.2009.
M.SASIDHARAN NAMBIAR, JUDGE
lgk/-