IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 Crl.Rev.Pet.No. 3678 OF 2008() ------------------------------ CRA.140/2005 of SESSIONS COURT, KALPETTA ST.471/2004 of JUDICIAL MAGISTRATE OF FIRST CLASS - I, KALPETTA. .................... REVN. PETITIONER(S):/APPELLANT/ACCUSED: ---------------------------------------------------- K.V.PRAMOD, S/O VENKATA KRISHNAN, MATHOOR ESTATE, NADAVAYAL ROAD, PANAMARAM P.O., WAYANAD. BY ADV. SRI.LALJI P.THOMAS RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE ---------------------------------------------- 1. A.RENGARAJ, S/O AMRITHA LINGOM, AMRITHA STORES, NEAR STATE BANK OF TRAVANCORE, KALPETTA. 2. STATE OF KERALA, REPRESENTED BY DIRECTOR OF PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. C.M. NAZAR FOR R2 SRI.ABRAHAM P.GEORGE FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 05/12/2008, ALONG WITH CRRP NO. 3679 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------ CRL.R.P. NO. 3678 & 3679 OF 2008 ------------------------------------------ Dated this the 5th day of December, 2008 O R D E R Revision petitioner is the accused and first respondent the complainant in S.T. 471/2004 and S.T. 462/2004 on the file of Judicial First Class Magistrate, Kalpetta. Petitioner was convicted in both the cases for the offence under section 138 of Negotiable Instruments Act. Petitioner challenged the conviction in S.T. 471/2004 before the Sessions Court, Kalpetta in Crl. Appeal 140/2005 and the conviction in S.T.462/2004 in Crl. Appeal 155/2005. Learned Sessions Judge on reappreciation of evidence confirmed the conviction but modified the sentence to imprisonment till rising of Court and a compensation of Rs.2,40,000/- in S.T.471/2004 and imprisonment till rising of Court and a compensation of Rs.1,40,000/- in S.T. 462/2004. Revisions are filed challenging the conviction and sentence. 2. Learned counsel appearing for revision petitioner was heard. 3. Learned counsel appearing for revision petitioner CRRP3678 & 3679/08 2 submitted that in view of the evidence on records and the concurrent findings, revision petitioner is not challenging the conviction, but he may be granted four months time to pay the amount as directed by the learned Sessions Judge. 4. On hearing the learned counsel and going through the judgments of the Courts below, I find no reason to interfere with the conviction or the sentence. In S.T. 471/2004 it is established that revision petitioner borrowed Rs.2,35,000/- and towards its repayment issued the two dishonoured cheques and the cheques were dishonoured for want of sufficient funds and in spite of notice demanding the amount covered by the dishonoured cheques, petitioner did not pay the amount and thereby committed the offence under section 138 of Negotiable Instruments Act. Similarly in S.T.462/2004 evidence establish that revision petitioner borrowed Rs.1,40,000/- and towards its repayment issued the cheque which was dishonoured when presented for encashment and in spite of notice served, revision petitioner did not pay the amount. Evidence establish that first respondent had complied with all the statutory formalities proved under section 138 and 142 of N.I. Act. Conviction of the petitioner for the offence under section 138 of N.I. Act in both CRRP3678 & 3679/08 3 cases is perfectly legal. 5. Then the only question is regarding the sentence. Learned Sessions Judge modified the sentence to imprisonment till rising of Court in addition to compensation which was only Rs.5,000/- more than the amount covered by the dishonoured cheque in S.T.471/2004 and for the same amount covered by the dishonoured cheque in S.T.462/2004. In such circumstances sentence also does not warrant any interference. Revisions are dismissed. Revision petitioner is granted four months time from today to pay the compensation as directed by the Courts below. Revision petitioner is directed to appear before Judicial First Class Magistrate, Kalpetta in both the cases on 7.4.2009. M. SASIDHARAN NAMBIAR, JUDGE Okb/-