IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 4060 of 2008()
1. UNNIKRISHNAN
... Petitioner
Vs
1. KATTUPURAYIDAM BANKERS & ANOTHER
... Respondent
For Petitioner :SRI.V.SETHUNATH
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :15/12/2008
O R D E R
M. SASIDHARAN NAMBIAR, J.
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CRL.R.P. NO. 4060 OF 2008
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Dated this the 15th day of December, 2008
O R D E R
Revision petitioner is the accused and first respondent
the complainant in C.C.392 of 2005 on the file of Judicial First
Class Magistrate, Ranni. Petitioner was convicted and
sentenced for the offence under section 138 of Negotiable
Instruments Act. Petitioner challenged the conviction before
Sessions Court, Pathanamthitta in Crl. Appeal 300 of 2007.
Learned Additional Sessions Judge on reappreciation of evidence
confirmed the conviction and sentence and dismissed the appeal.
It is challenged in the revision.
2. Learned counsel appearing for revision petitioner was
heard.
3. Learned counsel submitted that in view of the
concurrent findings of the fact revision petitioner is not
challenging the conviction, but he may be granted two months
time to pay the compensation.
4. On going through the judgments of the Courts below,
I find no reason to interfere with the conviction. Evidence
CRRP4060/2008 2
establish that revision petitioner received the amount from first
respondent and towards the discharge of the liability issued
Ext.P1 cheque for Rs.93,000/-, which was dishonoured for want
of sufficient funds, when the cheque was presented for
encashment. It is also proved that first respondent had complied
with all the statutory formalities provided under section 138 and
142 of Negotiable Instruments Act. Conviction of the revision
petitioner for the offence under section 138 is perfectly legal
and warrants no interference.
5. Then the only question is regarding the sentence. So
long as the sentence is not varied or modified against the
interest of 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 of Rs.93,000/- and in
default simple imprisonment for two months. On realisation of
fine, it shall be paid to first respondent as compensation under
section 357(1) of Code of Criminal Procedure.
Revision is allowed in part. Conviction of the revision
petitioner for the offence under section 138 of Negotiable
Instruments Act is confirmed. Sentence is modified. Revision
CRRP4060/2008 3
petitioner is sentenced to imprisonment till rising of Court and a
fine of Rs.93,000/- to be paid within two months from today and
in default simple imprisonment for two months. On realisation
of fine, it is to be paid to first respondent as compensation under
section 357(1) of Code of Criminal Procedure.
M. SASIDHARAN NAMBIAR,
JUDGE
Okb/-