IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 Crl.Rev.Pet.No. 1067 of 2004(C) ------------------------------- CRA.14/2002 of SESSIONS COURT, KOZHIKOE CC.1149/1997 of JUDL. MAGISTRATE OF FIRST CLASS-IV, KOZHIKODE .................... REVN. PETITIONER(S): APPELLANT/ACCUSED --------------------- SREELESH K.P., S/O.SREE NARAYANAN, KOUSTHUBHAM, KUMARASWAMI, CHELAPRAM ROAD, CHELANNUR, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): RESPONDENTS/COMPLAINANT --------------- 1. ANANDA BAI, W/O.BALAKRISHNAN, PALONIYIL (H), MALAPRAMBA P.O., KOZHIKODE. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADV. SRI.V.V.SURENDRAN FOR R1 SRI.P.A.HARISH FOR R1 PUBLIC PROSECUTOR SRI.SABU SREEDHARAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 22/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.A.NO.4349/2004 IN CRL.R.P.NO.1067/2004 DISMISSED 22-10-2010 Sd/-, P.Q.BARKATH ALI, JUDGE /True Copy/ P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.1067 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of October, 2010 ORDER Revision petitioner is the accused in C.C.No.1149/1997 of Judicial First Class Magistrate Court IV, Kozhikode and appellant in Crl.Appeal No.14/2002 of Sessions Court, Kozhikode. He was convicted under Section 138 of Negotiable Instruments Act and was sentenced to undergo simple imprisonment for one year by the learned Magistrate by judgment dated December 15, 2001. On appeal by the accused, the lower appellate court confirmed his conviction, but reduced the sentence to simple imprisonment for six months by judgment dated February 21, 2004. The accused has now come up in revision challenging his conviction and sentence. 2. The case of the first respondent/complainant as testified by him as PW1 before the trial court and as detailed in the complaint was that accused borrowed Rs.1,00,000/- from the complainant and to discharge that liability he issued the cheque Ext.P1 dated August 18, 1997 drawn on the West Hill branch of South Indian Bank which when Crl.R.P.No.1067/2004 2 presented for collection was returned dishounoured for want of sufficiency of funds in the account of the accused in the bank and that in spite of notice Ext.P3 dated August 26, 1997, the accused did not repay the amount which is an offence punishable under Section 138 of Negotiable Instruments Act. 3. On receipt of the complaint, the learned Magistrate recorded the sworn statement of the complainant PW1 and took cognizance of the offence. The accused on appearance before the trial court pleaded not guilty to a charge under Section 138 of Negotiable Instruments Act. Pws 1 and 2 were examined and Exts.P1 to P6 were marked on the side of the complainant. When questioned under Section 313 of Cr.P.C., the accused denied the transaction. No defence evidence was adduced. 4. The learned Magistrate on an appreciation of evidence found the revision petitioner guilty of the offence punishable under Section 138 of Negotiable Instruments Act , convicted him thereunder and sentenced him as aforesaid. On appeal, the lower appellate court confirmed his conviction, but reduced the sentence as mentioned Crl.R.P.No.1067/2004 3 above. The accused has now come up in revision challenging his conviction and sentence. 5. When the revision petition came up for hearing today, counsel for the revision petitioner/accused submitted that revision petitioner has paid the entire amount due under the cheque to the complainant. It is also submitted to be correct by the counsel for the revision first respondent/complainant. Hence a lenient view of taken. In the result, the revision petition is allowed in part. Conviction of the revision petitioner under Section 138 of Negotiable Instruments Act is confirmed. Revision petitioner is sentenced to pay a fine of Rs. 1,000/- in default to undergo simple imprisonment for two weeks. One month's time is granted for payment of fine. His bail bonds are cancelled. P.Q.BARKATH ALI JUDGE sv. Crl.R.P.No.1067/2004 4