P A SAINUDHEEN Vs. P LOKANATHAN

JUDGEMENT

(1.) REVISION petitioner, the accused in S.T.4719/2000 on the file of Judicial First Class Magistrate, Malappuram was convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act. Petitioner challenged the conviction and sentence before Sessions court, Manjeri in Crl.A.70/2002. Learned Sessions Judge on re-appreciation of evidence confirmed the conviction and modified the sentence to simple imprisonment for one month. REVISION is filed challenging the conviction and sentence. First respondent is the complainant. Though notice was served on first respondent, he did not appear.

(2.) LEARNED counsel appearing for the petitioner was heard.

(3.) THEN the only question is regarding the sentence. Considering the entire facts, and circumstances of the cases, interest of justice will be met, if the sentence is modified to imprisonment till rising of court and adequate compensation to the first respondent. Revision is allowed in part. Conviction of the petitioner for the offence under Section 138 of Negotiable Instruments Act is confirmed. Sentence is modified. Petitioner is sentenced to imprisonment till rising of court and compensation of Rs.65,000/- to be paid to the first respondent and in default simple imprisonment for two months. If petitioner has deposited any amount before the learned Magistrate as directed by this court, he need only deposit the balance amount. Petitioner is directed to appear before Judicial First Class Magistrate, Malappuram on 11/8/2010. Judicial First Class Magistrate is directed to execute the sentence.