IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 3953 of 2008()
1. ANILAMMA PUTHUPARAMBIL
... Petitioner
Vs
1. STATE OF KERALA, REP. BY THE
... Respondent
2. KOTTAYAM CO-OPERAIVE URBAN BANK LTD.,
For Petitioner :SRI.V.N.SASIDHARAN
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :05/12/2008
O R D E R
M. SASIDHARAN NAMBIAR, J.
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CRL.R.P. NO. 3953 OF 2008
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Dated this the 5th day of December, 2008
O R D E R
Revision petitioner is the accused and second
respondent the complainant in C.C.75 of 2005 on the file of
Judicial First Class Magistrate-III, Kottayam. Petitioner was
convicted for the offence under section 138 of Negotiable
Instruments Act. Petitioner challenged the conviction and
sentence before Sessions Court, Kottayam in Crl. Appeal 57 of
2008. Learned Additional Sessions Judge on reappreciation of
evidence confirmed the conviction but modified the sentence to
imprisonment till rising of Court and a compensation of
Rs.35,000/-, the amount covered by the dishonoured cheque.
Revision is filed challenging the conviction and sentence.
2. Learned counsel appearing for revision petitioner was
heard.
3. Learned counsel did not challenge the conviction and
only sought three months time to pay the compensation as
directed by the learned Sessions Judge.
4. On hearing the learned counsel and going through
CRRP3953/08 2
the judgments of the Courts below I find no reason to interfere
with the conviction or the sentence. Evidence establish that
revision petitioner issued Ext.P1 cheque towards discharge of
the existing liability and the cheque was dishonoured for want
of sufficient funds and in spite of notice, revision petitioner did
not pay the amount and second respondent had complied with
all the statutory formalities provided under section 138 and 142
of N.I. Act. Conviction of the petitioner for the offence under
section 138 of Negotiable Instruments Act is perfectly legal.
5. Then the question is with regard to the sentence.
Learned Sessions Judge modified the sentence to imprisonment
till rising of Court in addition to compensation which was almost
for the amount covered by the dishonoured cheque. In such
circumstances no interference is warranted in the sentence also.
Revision is dismissed. Revision petitioner is granted three
months time from today to pay the compensation as awarded by
the learned Sessions Judge. Revision petitioner is directed to
appear before the Magistrate on 6.3.2009.
M. SASIDHARAN NAMBIAR,
JUDGE
Okb/-