High Court Kerala High Court

Suresh Kumar vs State Of Kerala Represented By on 13 November, 2008

Kerala High Court
Suresh Kumar vs State Of Kerala Represented By on 13 November, 2008
       

  

  

 
 
  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/-