IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 Crl.Rev.Pet.No. 3184 of 2009 ------------------------------ CRA.502/2008 OF SESSIONS COURT, KOZHIKODE DIVISION DATED 24.06.09 ST.719/2007 OF SPECIAL JUDICIAL FIRST CLASS MAGISTRATE (MARAD CASES), KOZHIKODE DATED 8.05.08 .................... REVN. PETITIONER/APPELLANT/ACCUSED. -------------------------------------------------------- O.PRASOB, S/O.LOHITHAKSHAN, AGED 37 YEARS, EDAKUNI HOUSE, KUTTIKKATTOOR, PERUMANNA P.O., KOZHIKODE. BY ADVS. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENTS/RESPONDENTS IN APPEAL/COMPLAINANT/STATE ----------------------------------------------------------------- 1. K.UNNIKRISHNAN, S/O.LATE K.ACHUTHAN, AGED 40 YEARS, SREEBHAVAN, THIRUVANNUR, CALICUT. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 13/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: shg/ P.S.GOPINATHAN, J. = = = = = = = = = = = = = Crl.R.P.No.3184 of 2009. = = = = = = = = = = = = = Dated this the 13th day of October, 2009. O R D E R 1. The revision petitioner is the accused in S.T.No.719/2007 on the file of the Special Judicial First Class Magistrate (Marad Cases), Kozhikode. The 1st respondent 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, the revision petitioner was convicted and sentenced to simple imprisonment for two months with a fine of Rs.80,000/-, which if realised was ordered to be given as compensation to the 1st respondent under Section 357(1) of the Criminal Procedure Code. In appeal, the Sessions Judge, Kozhikode Division confirmed the conviction. But the substantive sentence was reduced to imprisonment till rising of the court and fine of Rs.80,000/-. Assailing the legality, correctness and propriety of the above conviction and sentence as modified Crl.R.P.No.3184 of 2009. 2 in appeal, this revision petition was filed. 2. Having heard the learned counsel for the revision petitioner and perusing the judgment impugned, I find that the 1st respondent, who was examined as PW1, supported by Exts. P1 to P5, had succeeded to establish that the revision petitioner owed a sum of Rs.80,000/- to the 1st respondent and in discharge of that liability, Ext.P1 cheque dated 19.04.2007 was issued and that when Ext.P1 was sent for collection, it was dishonoured for want of sufficient funds, as evidenced by Ext.P2 memo. Though a lawyer notice, copy of which was marked as Ext.P3, was caused demanding discharge of the liability and it was acknowledged by the revision petitioner as evidenced by Ext.P5, the liability was not discharged. There is no contra evidence. The revision petitioner has got no specific defence. The evidence of PW1 supported by Exts.P1 to P5 and the legal presumption under Section 118 and 139 of the Negotiable Instruments Act remains uncontroverted. I find no reason to disbelieve PW1. I find that the courts below Crl.R.P.No.3184 of 2009. 3 had correctly appreciated the evidence and arrived a finding of guilty. The conviction under challenge is unassailable. The appellate court was very lenient in reducing the sentence. If at all erred, it is towards leniency only. The direction to pay compensation out of fine, which is confined to cheque amount is also appropriate. Sentence is no way exorbitant. Revision petition is devoid of merits. I find no error or illegality or impropriety in the impugned judgments. Accordingly it is dismissed. 3. The revision petitioner is granted six months' time for payment of fine provided, he executes a bail bond for Rs.15,000/- (Rupees fifteen thousand only) with two solvent sureties each of like sum to the satisfaction of the trial court. In default of payment of fine, the revision petitioner shall undergo simple imprisonment for four months. P.S.GOPINATHAN, JUDGE. Shg/