ORDER :

This criminal revision petition is directed against the concurrent judgments of the courts below in Crl.Appeal No.524/2007 on the file of the Sessions Court, Palakkad Division dated 05.02.2010 and C.C.No.258/1996 on the file of the Judicial First Class Magistrate Court-III, Palakkad dated 29.9.2007 convicting the revision petitioner under Section 406 of the Indian Penal Code (hereinafter referred to as 'the IPC') and sentencing him to undergo simple imprisonment for a period of eight months and also to pay a fine of Rs.10,000/-, in default to undergo simple imprisonment for a period of three months more.

2. The prosecution case in brief is as hereinbelow:-

PW2 Sisili is the wife of PW1 Pankajakshan. When PW1 was away at Delhi, PW2, on instructions from PW1, entrusted his Fiat Car bearing registration No.KL Z 9635 for doing patch work to the workshop of the accused. Accordingly, on 25.9.1994 at about 10 am., the accused had taken the car to the workshop for repairs and received an amount of Rs.2,000/-as advance consideration. The allegation is that the accused failed to return the car after repairs and he had converted the same for his own use and thereby committed criminal bre