High Court Kerala High Court

Unnikrishnan vs Kattupurayidam Bankers & Another on 15 December, 2008

Kerala High Court
Unnikrishnan vs Kattupurayidam Bankers & Another on 15 December, 2008
       

  

  

 
 
  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.
                   ------------------------------------------
                     CRL.R.P. NO. 4060 OF 2008
                   ------------------------------------------
            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/-