IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 Crl.Rev.Pet.No. 1508 of 2001(A) ------------------------------ CRA.15/1996 of SESSIONS COURT, THALASSERY CC.983/1994 of JUDL.MAGISTRATE OF FIRST CLASS COURT, MATTANNUR .................... REVN. PETITIONER/APPELLANT/ACCUSED: ----------------------------------------------------------- SIVADASAN V.K., S/O. THANKAPPAN, ARALAM AMSOM. BY ADV. SRI.K.S.MADHUSOODANAN SRI.C.P.PEETHAMBARAN RESPONDENTS/RESPONDENTS/COMPLAINANT & FORMAL PARTY: ---------------------------------------------------------------------------------------------- 1. SEBASTIAN JOSEPH, S/O. JOSEPH, KUTTIKALAYIL, KEEZHPALLY, P.O. KEEZHPALLY. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. R2 BY PUBLIC PROSECUTOR, SRI.AMJETH ALI. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 07/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.1508 OF 2001 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of April 2008 ORDER Petitioner was prosecuted for the offence punishable under Section 138 of the Negotiable Instruments Act at the instance of respondent No.1 herein. The trial court found the petitioner guilty and he was accordingly convicted and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.5,000 and in default to suffer simple imprisonment for two months. It was further directed that the complainant shall be paid Rs.4,000/-, if the fine amount was realized from the accused. The above order of conviction and sentence was confirmed in appeal by the Sessions Court. Hence this revision petition. 2. The case of the complainant was that the accused had borrowed a sum of Rs.40,000/- and issued Ext.P1 cheque dated, November 15, 1994 in discharge of the said liability. But when the cheque was presented for encashment, it was dishonoured due to insufficiency of funds in the account of the accused. Crl.R.P.No.1508 OF 2001 :: 2 :: 3. The complainant was examined as PW1 and his witness was examined as PW2. Exts.P1 to P4 were also marked on his side. There was no oral or documentary evidence on the side of the defence. 4. The only defence set up by the accused was that Ext.P1 cheque was issued by him in connection with a chitty transaction between him and one of the relatives of the complainant. But it was rightly noticed by the courts below that the accused had not adduced any evidence to substantiate the above contention. Significantly, petitioner had admitted his signature in Ext.P1 cheque. 5. Having heard learned counsel for the petitioner and having perused the materials available on record, I do not find any reason to interfere with the concurrent order of conviction. Though the complainant has not been served with notice, I am satisfied that this revision petition need not be kept pending any further. Learned counsel submits that the petitioner is prepared to discharge the liability, if some reasonable time is granted. 6. In the peculiar facts and circumstances, I am inclined to Crl.R.P.No.1508 OF 2001 :: 3 :: accede to the above contention. Therefore, while confirming the concurrent order of conviction, the petitioner is given an opportunity to make the payment. If the petitioner appears before the trial court on August 6, 2008, and deposits a sum of Rs.45,000/- and undergoes imprisonment till rising of the court, the sentence imposed on him by the appellate court shall stand set aside. If the petitioner appears before the trial court and remits the above sum, learned Magistrate shall ensure that he undergoes imprisonment for one day till the rising of the court. If the petitioner fails to appear and remit the amount, the sentence imposed on him by the Sessions Court shall stand confirmed. The amount, if any, deposited by the petitioner already, shall be given credit while remitting the amount of compensation as directed above. (A.K.BASHEER, JUDGE) jes