IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 Crl.Rev.Pet.No. 329 of 2001 ---------------------------------- CRA.24/1998 of SESSIONS COURT, MANJERI CC.263/1997 of JUDL.MAGISTRATE OF FIRST CLASS-II(FOREST OFFENCES), MANJERI .................... REVN. PETITIONER: APPELLANT/ACCUSED: --------------------------------------------------------------- K.M.SULOCHANA, D/O.VELAYUDHAN, KIZHAKKEMANNADIYIL HOUSE, KOVILAKOMKUNDU, MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS:/RESPONDENTS/COMPLAINANT & STATE: ---------------------------------------------------------------------------------- 1. V. NARAYANAN, S/O.VELAYUDHAN, VADAKKETHIL HOUSE, KOVILAKOMKUNDU, MANJERI, MALAPPURAM DISTRICT. 2. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERLA, ERNAKULAM, KOCHI -31. BY ADV. SRI.K.M.SATHYANATHA MENON FOR R1 PUBLIC PROSECUTOR SRI.P.P.SALIM. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 22/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - Crl.RP. No. 329 of 2001 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of May, 2008. ORDER Petitioner was prosecuted by respondent No.1 herein for the offence punishable under Section 138 of the Negotiable Instruments Act. 2. The trial court found her guilty and she was accordingly convicted and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.30,000/- and in default to suffer simple imprisonment for 3 months. It was further directed that Rs.15,000/- shall be paid as compensation to the complainant if the fine amount was realised. 3. In appeal, the above order of conviction was confirmed by the Sessions Court. However the sentence was modified and reduced. Petitioner was directed to suffer simple imprisonment for 3 months and to pay an amount of Rs.15,000/- as compensation to the complainant under Section 357(3) of the Code of Procedure. The above order passed by the learned Sessions Judge is under challenge in this revision petition. 4. The case of the complainant was that the accused had borrowed a sum of Rs.15,000/- from him and issued Ext.P1 cheque in discharge of the said debt. But when the cheque was presented for encashment, it was dishonoured because of insufficiency of funds in the account of the accused. Though a statutory demand notice was issued by the complainant, the amount was not repaid. Crl.RP.329/01 2 5. The complainant was examined as Pw.1 and Exts.P1 to P5 were marked on his side. There was no oral or documentary evidence on the side of the accused. The defence set up by the accused appeared to be that she had borrowed only a sum of Rs.4500/- from the complainant. She had handed over a signed blank cheque to the complainant at the time of borrowal. She had a further case, when questioned under Section 313 of the Code or Criminal Procedure, that the amount borrowed by her had been repaid. But as rightly noticed by the courts below petitioner/accused had not adduced any evidence to substantiate the above contentions. 7. Having heard learned counsel for the petitioner and having perused the materials available on record, I do not find any material illegality or irregularity in the matter of conviction passed by the courts below. However having regard to the fact that the petitioner is a woman and the amount involved is not very huge, I am of the view that some leniency can be shown in the matter of sentence. It is submitted by Sri.Rakesh, learned counsel for the petitioner that the amount was borrowed by the accused for the purpose of treating her husband who was a cancer patient. He had subsequently died. Therefore while confirming the order of conviction, the sentence of imprisonment imposed on the petitioner is set aside. Petitioner shall suffer imprisonment till the rising of the court. She shall remit the amount of compensation before the trial court as Crl.RP.329/01 3 directed by the Sessions Court. Petitioner shall appear before the court below on September 20, 2008. On appearance of the petitioner, learned Magistrate shall ensure that she undergoes imprisonment till the rising of the court. If the petitioner fails to remit the amount of compensation, she shall suffer imprisonment for one month. A.K. Basheer Judge. an.