IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 Crl.Rev.Pet.No. 209 of 2001() ------------------------------------- CRA.146/1999 of V ADDL.SESSIONS COURT, ERNAKULAM CC.1249/1996 of JUDL.MAGISTRATE OF FIRST CLASS-I, MUVATTUPUZHA .................... REVISION PETITIONER/APPELLANT/ACCUSED : --------------------------------------------------------- JOY THOMAS, ATTUPURAM VEEDU, THANKALAM KARA, THRIKKARIYOOR P.O., KOTHAMANGALAM BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS/RESPONDENTS/COMPLAINANT/STATE : -------------------------------------------------------------------- 1. C.A.VELAYUDHAN, CHELAMOOTTIL, THANKALAM KARA, THRIKKARIYOOR P.O., KOTHAMANGALAM 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY ADV. SRI.REJI PAUL - R1 SRI.ANIL XAVIER - R1 SRI.ZAKEER HUSSAIN - R1 SMT.MANJU CHACKO - R1 PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 22/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.Rev.Pet.No. 209 of 2001 ORDER ON CRL.M.P.NO.905/2001 IN CRL.R.P.NO.209/2001 DISMISSED 22.09.2008 SD/- THOMAS P.JOSEPH, JUDGE -TRUE COPY- P.A. TO JUDGE pac THOMAS P. JOSEPH, J. ------------------------------ CRL.R.P.No. 209 of 2001 ------------------------------ Dated this the 22nd day of September, 2008 O R D E R The court below found that the revision petitioner issued Exhibit P1, cheque dated 22/07/1996 in favour of the first respondent for Rs.10,000/-, for the discharge of the debt due to the first respondent. The court below also found that the cheque was dishonoured for “insufficiency of funds” and that in spite of dishonour intimation and demand, the revision petitioner did not pay the amount. He was convicted by the learned Magistrate to undergo simple imprisonment for three months and pay fine of Rs.10,000/- . In appeal, the learned Additional Sessions Judge “modified” the sentence as simple imprisonment for three months and to pay compensation of Rs.10,000/- ( in fact there was no modification of the sentence). The revision petitioner is aggrieved and has come up in appeal. 2. The revision petitioner, the first respondent and counsel remained absent. There was no representation. 3. I heard the Public Prosecutor. CRL.R.P.No. 209/ 2001 2 4. The first respondent gave evidence as PW1 and claimed that the revision petitioner borrowed Rs.10,000/- from him on 22/04/1996 and for discharge of the debt, issued the cheque, Exhibit P1. He presented Exhibit P1 for encashment, it was dishonoured, but no further action was taken. Therefore, there was no legal impediment in the first respondent again presenting the cheque and initiating prosecution on the strength of the subsequent dishonour. The courts below on appreciation of the evidence of the first respondent concluded that the revision petitioner issued the cheque for the discharge of the debt. There is no reason to interfere. 5. The evidence shows that the cheque was dishonoured for “insufficiency of funds”. In spite of dishonour intimation and demand, the revision petitioner did not pay the amount. Hence, the conviction is justified and no interference is required. 6. So far as the sentence is concerned, I am inclined to think that compensation as awarded by the learned Additional Sessions Judge and imprisonment till the rising of the court is sufficient in the ends of justice. CRL.R.P.No. 209/ 2001 3 Revision petition is therefore, allowed in part in the following lines. 1. the substantive sentence awarded to the revision petitioner is modified as simple imprisonment till the rising of the court. 2. The direction for deposit of compensation of Rs.10,000/- (Rupees ten thousand only) is confirmed. In case of non- payment, the revision petitioner shall undergo simple imprisonment for one month. 3. Revision Petitioner is granted two months time to deposit the compensation in the trial court. Revision petitioner shall surrender in the trial court on 24/11/2008 to receive the sentence. THOMAS P. JOSEPH, JUDGE scm