IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 Crl.Rev.Pet.No. 3129 of 2009 ---------------------------------------- CRL.A.NO.109/2008 OF SESSIONS COURT, PATHANAMTHITTA, CC.NO.27/2008 OF JUDL.MAGISTRATE OF FIRST CLASS COURT, RANNI. .................... REVISION PETITIONER/APPELLANT/ACCUSED: -------------------------------------------------------------------- GEORGE T.THOMAS, THACHDEATHU HOUSE, ERUMELI P.O., ERUMELI VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT. BY ADV. MR.V.SETHUNATH. RESPONDENTS/RESPONDENT/COMPLAINANT: -------------------------------------------------------------------- 1. JOSE N.ABRAHAM, NEDUMPLACKAL HOUSE, VECHUCHIRA P.O., RANNI. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR. RITHWIK. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 08/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. P.S. GOPINATHAN, J. ------------------------------- CRL. R.P. NO. 3129 OF 2009 -------------------------------------- DATED THIS THE 8TH DAY OF OCTOBER 2009 ORDER --------- The revision petitioner is the accused in C.C No. 27 of 2008 on the file of the Judicial Magistrate of First Class, Ranni. The 1st respondent herein prosecuted the revision petitioner alleging offence under Section 138 of the Negotiable Instruments Act. The learned Magistrate after due trial arrived a conclusion of guilty. Consequently he was convicted and sentenced to undergo simple imprisonment for six months with a direction to pay Rs. 1,85,000/- as compensation to the first respondent. 2. Aggrieved by the above conviction and sentence, he preferred Crl.Appeal No. 109 of 2008 before the Sessions Judge, Pathanamthitta. The learned Sessions Judge by judgment dated 18-7-2009 confirmed the conviction but the sentence was reduced to simple imprisonment till raising of the court and directed to pay CRL. R.P. NO. 3129 OF 2009 2 compensation of Rs. 1,85,000/- to the 1st respondent with a default clause to undergo simple imprisonment for a period of three months for failure to pay compensation. 3. Assailing the above conviction and sentence as modified in appeal, this revision petition was filed. 4. Having heard the learned counsel for the revision petitioner and perusing the judgments impugned, I find that the first respondent through his evidence as PW1 supported by Exts.P1 to P6 had succeeded to establish that the revision petitioner owed a sum of Rs. 1,85,000/- to the 1st respondent and that in discharge of the said liability, Ext.P1 cheque dated 2-7-2004 drawn on South Indian Bank, Erumeli branch was delivered and that when Ext.P1 cheque was presented for collection through the Venkurunji Service Co-operative Bank, Vechoochira branch, it was bounced for insufficiency of funds. Demanding discharge of the liability, a lawyer notice, copy of which is marked as Ext.P4 dated 16-7-2004 was caused. Despite the acknowledgment of the lawyer notice CRL. R.P. NO. 3129 OF 2009 3 demanding discharge of liability, the revision petitioner did not care to pay the amount. Though the revision petitioner advanced a plea that he did not owe any amount and that a blank cheque given for business purpose was misused and prosecution was launched, no supporting evidence was adduced. The result is that the evidencew of PW1 remains uncontroverted. The evidence of PW1 supported by Exts.P1 to P6 was correctly analyzed by the court below and rightly arrived a conclusion of guilty and conviction. I find no reason to interfere with the said finding. The appellate court was very lenient in reducing the sentence to imprisonment till raising of the court with direction to pay the compensation of Rs. 1,85,000/-. If at all erred in awarding sentence, it is only towards leniency. In the result, the revision petition is devoid of any merit and accordingly it is dismissed. The revision petitioner is granted six months time to pay the compensation on condition that the revision petitioner shall execute a bond for Rs. 10,000/- with two solvent CRL. R.P. NO. 3129 OF 2009 4 sureties each for like sum to the satisfaction of the trial court within three weeks. P.S. GOPINATHAN JUDGE PKK