IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3655 of 2009()
1. JOSHY VARGHESE
... Petitioner
Vs
1. ANIL KUMAR & STATE OF KERALA
... Respondent
For Petitioner :SRI.GEO PAUL
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :17/11/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.3655 OF 2009
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Dated 17th November 2009
O R D E R
Petitioner is the complainant in
S.T.762/2006 on the file of Judicial First Class
Magistrate III, Kochi. First respondent was
convicted for the offence under Section 138 of
Negotiable Instruments Act. He challenged the
conviction and sentence before Sessions court,
Ernakulam in Crl.A.482/2008. Petitioner filed
Crl.R.P.51/2008 for enhancement of the sentence.
By Annexure-A2 order the appeal and revision were
allowed in part. While confirming the conviction,
sentence was modified to compensation of Rs.Nine
Lakhs without a default sentence. This petition is
filed under Section 482 of Code of Criminal
Procedure to quash the sentence as there is no
default sentence. Remedy of the petitioner is to
file revision challenging the judgment in
Crl.A.482/2008, though he may not be in a position
to file a revision against the order as far as it
Crmc 3655/09
2
relates to Crl.R.P.51/2008. A revision against the
judgment in Crl.A.482/2008, wherein sentence was
modified would lie. With liberty to challenge the
order in a revision the petition is dismissed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.