IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 Crl.Rev.Pet.No. 60 of 2004(B) ----------------------------- AGAINST THE JUDGMENT IN CRL.APPEAL 905/02 OF ADDL.SESSIONS COURT (ADHOC-I), ERNAKULAM IN CC.NO.1088/99 OF ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM REVN. PETITIONER(S): APPELLANT/ACCUSED: --------------------------------------- V. SUKUMARAN, VADAKKE ATHIRKANDAM, THEKKUMBHAGOM, TRIPUNITHURA. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENT(S): RESPONDENTS/COMPLAINANT AND STATE: ------------------------------------------------- 1. M.S. HARIKUMAR, KUNNALAKKATT MADATHIL HOUSE, MARADU, ERNAKULAM. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 04/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ``````````````````````````````````````````````````````` Crl.R.P. No. 60 of 2004 B ``````````````````````````````````````````````````````` Dated this the 4th day of August, 2010 O R D E R Petitioner, accused in C.C.No.1088/1999 on the file of Additional Chief Judicial Magistrate(Economic Offences), Ernakulam, filed this revision challenging the conviction and modified sentence for the offence under Section 138 of the Negotiable Instruments Act. First respondent lodged the complaint, taken cognizance by the learned Magistrate. Case of the first respondent was that petitioner borrowed Rs.40,000/- and issued Ext.P1 cheque dated 10-04-1999 drawn in his account maintained in Tripunithura Branch of State Bank of Travancore and when the cheque was presented for encashment, it was dishonoured under Ext.P2 for want of sufficient funds and in spite of demand made under Ext.P4 notice served under Ext.P5 acknowledgment card, petitioner did not pay the amount and thereby committed the offence. 2. Petitioner pleaded not guilty. First respondent was examined as PW1 and Exts.P1 to P6 were marked. Petitioner was examined as DW1. Learned Magistrate, on the evidence, Crl.R.P.60/04 : 2 : found the petitioner guilty. He was convicted and sentenced for the offence. Petitioner challenged the conviction and sentence before Sessions Court, Ernakulam in Crl.Appeal No.905/2002. Learned Additional Sessions Judge, on re-appreciation of evidence, confirmed the conviction and modified the sentence as to imprisonment till rising of court and a fine of Rs.50,000/- and in default, simple imprisonment for three months. It is challenged in this revision. 3. Learned counsel appearing for petitioner and learned counsel appearing for first respondent were heard. 4. Learned counsel appearing for the petitioner submitted that as directed by this Court, petitioner has already deposited half of the amount covered by the dishonoured cheque and the said amount may be adjusted towards the fine payable by the petitioner. 5. On going through the evidence, I find no illegality in the conviction or the sentence. Ext.P1 cheque was drawn in the account maintained by petitioner. Evidence establishes that it was issued towards repayment of Rs.40,000/- borrowed by the Crl.R.P.60/04 : 3 : petitioner. It is also proved that the cheque was dishonoured for want of sufficient fund and first respondent had complied with all the statutory formalities. Conviction for offence under Section 138 of the Negotiable Instruments Act is perfectly legal. The learned Sessions Judge modified the sentence to imprisonment till rising of court and a fine of Rs.50,000/- with a direction to pay the same on realisation as compensation to the first respondent. In such circumstances, the sentence also does not warrant any interference. Revision is dismissed. It is made clear that if petitioner has deposited any amount before the learned Magistrate as directed by this Court, he need only deposit the balance of the fine amount. Revision petitioner is directed to appear before Additional Chief Judicial Magistrate, Ernakulam on 17-08-2010. (M.SASIDHARAN NAMBIAR, JUDGE) aks