IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 Crl.Rev.Pet.No. 4553 of 2006(D) ---------------------------------------- CRA.97/2006 of ADDL.SESSIONS COURT (ADHOC)-II, KOTTAYAM CC.461/2005 of JUDL. MAGISTRATE OF FIRST CLASS, KOTTAYAM .................... REVISION PETITIONER/APPELLANT/ACCUSED : --------------------------------------------------------- K.C.CHANDY, KALARMANNIL HOUSE, PERUMPRAMAVU P.O., MALLAPPALLY VILLAGE, PATHANAMTHITTA. BY ADV. SRI.P.HARIDAS RESPONDENTS/RESPONDENTS/COMPLAINANT : ---------------------------------------------------------- 1. SIJU.K. ISSAC, KOZHIVALLIL HOUSE, SOUTH PAMPADY P.O., PAMPADY VILLAGE, KOTTAYAM. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.GEORGE SEBASTIAN - R1 PUBLIC PROSECUTOR SRI.THOMAS MATHEW AMBOOKEN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 16/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.Rev.Pet.No. 4553 of 2006(D) ORDER ON CRL.M.APPL.NO.13252/2006 IN CRL.R.P.NO.4553/2006 DISMISSED 16.09.2008 SD/- M.N.KRISHNAN, JUDGE -TRUE COPY- P.A. TO JUDGE pac M.N. KRISHNAN, J. ------------------------------ Crl. R.P. No.4553 of 2006 ------------------------------ Dated this the 16th day of September, 2008 ORDER This Revision Petition is preferred against the judgment in Criminal Appeal No.97/2006 of the Addl. Sessions Judge, Kottayam. The prosecution was initiated under Section 138 of the Negotiable Instruments Act by the plaintiff against the accused, for having borrowed a sum of Rs. 2,50,000/- and in discharge of the same issuing a cheque which when presented returned with the endorsement “insufficiency of funds” . Thereafter, notice was issued and the complaint was filed within the statutory period. In the trial court, PW1 was examined and Exhibits P1 to P8 were marked. The trial court found the accused guilty and sentenced him to undergo simple imprisonment for six months and to pay a compensation of Rs. 2,50,000/- to the complainant under Section 357(3) of the Cr.P.C. and in default undergo simple imprisonment for two months. The matter was taken up in appeal and the appellate court confirmed the conviction, but modified the sentence thereby directing the accused to Crl. R.P. No.4553 / 2006 2 undergo imprisonment till the rising of the court and it also sustained an order of compensation and default sentence. It is against that order, the present Revision Petition is filed. The learned counsel for the Revision petitioner would contend that the ingredients to constitute the offence under Section 138 of the Negotiable Instruments Act is not established. I am perused the judgments of both the courts and records and it is seen that, Exhibit P1 cheque was issued and it was returned with the endorsement “full cover not received” and thereafter, the statutory notice demanding the payment was made. Both the courts below on appreciation of the oral as well as the documentary evidence, came to the conclusion that the complainant had succeeded in proving the offence committed by the accused under Section 138 of the Negotiable Instruments Act and had awarded the conviction and sentence. I do not find any impropriety, illegality or irregularity committed by the court below, which requires inference so far as the conviction and sentence are concerned. Since the appellate court has exercised its judicial discretion and had reduced the sentence to one of imprisonment till rising of the court, but retained the order of Crl. R.P. No.4553 / 2006 3 compensation and default sentence. The learned counsel for the Criminal Revision Petitioner as a last chance would argue that some breathing time may be given to comply with the directions contained in the appellate judgment. After hearing both sides, I am inclined to grant some more time and therefore, I direct the Revision Petitioner herein to appear before the Judicial First Class Magistrate Court, Kottayam on 15/01/2009 to undergo imprisonment till the rising of the court and in the meantime to pay the amount of compensation of Rs.2,50,000/- ordered. In default the conviction and sentence ordered by the appellate court shall be put into force. The Petition is disposed of accordingly. M.N. KRISHNAN, JUDGE scm