M D THOMAS Vs. C L SURESH

JUDGEMENT

(1.) Revision petitioner is the accused and first respondent the complainant in C.C.1283/2004 on the file of Judicial First Class Magistrate, Mavelikara. Revision petitioner was convicted and sentenced for the offence under section 138 of Negotiable Instruments Act. Revision petitioner challenged the conviction before Additional Sessions Court, Mavelikara in Crl.A.44/2007. Learned Additional Sessions Judge on reappreciation of evidence confirmed the conviction and modified the sentence to simple imprisonment for three months and a compensation of Rs.50,000/-. Revision is filed challenging the conviction and sentence.

(2.) Learned counsel appearing for revision petitioner was heard.

(3.) Learned counsel submitted that in view of the evidence on record and the concurrent findings of fact, revision petitioner is not challenging the conviction but the sentence may be modified and he is ready to pay the amount covered by the dishonoured cheque to first respondent and time may be granted for payment.