J. PRAKASAN Vs. JAYAPALAN

JUDGEMENT

(1.) REVISION petitioner is the accused and first respondent the complainant in C.C.13/2003 on the file of Judicial First Class Magistrate-I, Attingal. Revision petitioner was convicted and sentenced for the offence under section 138 of Negotiable Instruments Act. Revision petitioner challenged the conviction and sentence before Additional Sessions Court. Thiruvananthapuram in Crl.A.31/2005. Learned Additional Sessions Judge on reappreciation of evidence confirmed the conviction and modified the sentence to imprisonment till rising of court and a compensation of Rs.65,000/-. Revision is filed challenging the conviction and sentence.

(2.) LEARNED counsel appearing for CRRP CRRP 398/2009 2 petitioner in view of the evidence on record and the concurrent findings of fact submitted that revision petitioner is not challenging the conviction or sentence and revision petitioner may be granted four months time to pay the compensation.

(3.) EVIDENCE establish that towards the repayment of Rs.65,000/- borrowed from first respondent revision petitioner issued Ext.Pl cheque dated 25.6.2000 which was dishonoured when presented for encashment for insufficient funds. It is also proved that first respondent had complied with all statutory formalities provided under section 138 and 142 of Negotiable Instruments Act. Conviction of the revision petitioner for the offence under section 138 of Negotiable Instruments Act is perfectly legal. Learned Additional CRRP CRRP 398/2009 Sessions Judge modified the sentence to imprisonment till rising of court and compensa tion for the amount covered by the dishonoured cheque. In such circumstance, I find no reason to interfere with the conviction or, the sentence. Revision is dismissed. Revision Petitioner is granted three months time to pay the compensation. He is directed to appear before the Judicial First Class Magistrate-I, Attingal on 4.5.2009.