IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 Crl.Rev.Pet.No. 4116 of 2008() ------------------------------ CRA.586/2006 of ADDL. SESSIONS COURT (ADHOC), TRIVANDRUM ST.11/2005 of JUDICIAL FIRST CLASS MAGISTRATE-IX, THIRUVANANTHAPURAM .................... REVN. PETITIONER(S): REVISION PETITIONER/APPELLANT/ACCUSED ---------------------------------------------------------- P.K.NALINI AMMA, J.B.VILASOM, SANTHI NAGAR, CHANTHAMUKKU, PEYAD P.O., THIRUVANANTHAPURAM, RETIRED HEADMISTRESS, CHEMPAMKODE L.P.S. KURUTHAMCODE P.O., THIRUVANANTHAPURAM. BY ADV. SRI.WILSON URMESE RESPONDENT(S): RESPONDENT/COMPLAINANT & STATE --------------------------------------------- 1. R.K.VINUKUMAR, S/O.RAJAMANI PILLAI, T.C. 16/1076 (1), VINU BHAVAN, JAGATHY, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI C M NAZAR SRI.K.ANAND FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ........................................... CRL.R.P.NO.4116 OF 2008 ............................................ DATED THIS THE 19th DAY OF DECEMBER, 2008 ORDER Revision petitioner is the accused and first respondent, the complainant in S.T. 11 of 2005 on the file of Judicial First Class Magistrate-IX, Thiruvananthapuram. Revision petitioner was convicted and sentenced for the offence under Section 138 of N.I.Act. Petitioner challenged the conviction before Sessions Court, Thiruvananthapuram in Crl.A.586 of 2006. Learned Sessions Judge, on reappreciation of evidence, confirmed the conviction, but modified the substantive sentence to fine and in default, simple imprisonment for six months with a direction to pay the fine on realisation, as compensation to first respondent. Revision petition is filed challenging the conviction and sentence. 2. Learned counsel appearing for revision petitioner and first respondent were heard. 3. The argument of the learned counsel appearing for revision petitioner is that Ext.P1 cheque was not issued towards discharge of any legally recoverable debt or liability and was falsely removed by first respondent and therefore the conviction is not sustainable. It is also argued that there was no occasion for revision petitioner to borrow Rs.1,00,000/- from first respondent and courts below should CRRP 4116/2008 2 not have believed PW1 and in any case, if the conviction is to be confirmed, revision petitioner may be granted time to pay the fine. Learned counsel appearing for first respondent pointed out that courts below appreciated the evidence in the proper perspective and there is no necessity to reappreciate the evidence and the sentence is also reasonable. 4. On hearing the learned counsel and going through the judgments of the courts below, I find no reason to interfere with the conviction or the sentence. Learned Magistrate and learned Sessions Judge after properly appreciating the evidence of first respondent as PW1, accepted the case that revision petitioner borrowed Rs.1,00,000/- and towards its repayment, issued Ext.P1 cheque. Nothing was pointed out to interfere with that factual finding. Evidence also establish that the cheque was dishonoured for want of sufficient funds and first respondent had complied with all the statutory formalities provided under Section 138 and 142 of N.I.Act. Conviction of revision petitioner for the offence under Section 138 of N.I.Act is perfectly legal. 4. Then the only question is with regard to the sentence. Learned Sessions Judge modified the sentence to fine, which was only for the amount covered by the dishonoured cheque with a default sentence with direction to pay the fine, on realisation as compensation CRRP 4116/2008 3 to first respondent. In such circumstances, I find no reason to interfere with the sentence also. 5. Revision petition is dismissed. Revision petitioner is granted four months time to pay the fine. M.SASIDHARAN NAMBIAR, JUDGE lgk/-