IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 Crl.Rev.Pet.No. 3777 OF 2008() ------------------------------ CRA.1018/2006 of ADDL.SESSIONS COURT (ADHOC)-IV, THIRUVANANTHAPURAM ST.215/2006 of JUDICIAL FIRST CLASS MAGISTRATE, THIRUVANANTHAPURAM .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED: --------------------- J. JOHNY S/O. Y.YACOOB, SENIOR ATTENDANT (SWEEPER MAN) AIRPORT AUTHORITY OF INDIA (INDIA)(AAI) INTERNATIONAL AIRPORT DIVISION (IAD), CIVIL MAINTENANCE DIVISION (CMD), INTERNATIONAL AIRPORT, THIRUVANANTHAPURAM. BY ADV. SRI.R.ANILKUMAR RESPONDENT(S)/RESPONDENTS/COMPLAINANT & STATE: -------------------- 1. SUNITHA SANALKUMAR, W/O. SANALKUMAR, TC 34/1091, ARI HOTEL, SREE CHITRA NAGAR, NEAR AIRPORT, VALLAKKADAVU P.O., THIRUVANANTHAPURAM. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA PUBLIC PROSECUTOR SRI. AMJAD ALI FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRRP 3777/2008 OR DER ON CRL.M.A. 11624 OF 2008 IN CRRP 3777 OF 2008 DISMISSED 24.11.2008 SD/- M. SASIDHARAN NAMBIAR, JUDGE. Okb/- /TRUE COPY/ P.A. TO JUDGE M. SASIDHARAN NAMBIAR, J. ------------------------------------------ CRL.R.P. NO. 3777 OF 2008 ------------------------------------------ Dated this the 24th day of November, 2008 O R D E R Revision petitioner is the accused and first respondent the complainant in S.T. 215 of 2006 on the file of Judicial First Class Magistrate-VI, Thiruvananthapuram. Case of the first respondent was that petitioner borrowed Rs.1,50,000/- and towards its repayment issued Ext.P1 cheque dated 27.9.2004 and when the cheque was presented for encashment, it was dishonoured for want of sufficient funds and the account was closed. In spite of Ext.P4 notice served on the petitioner under Ext.P6 acknowledgment demanding the amount covered by the dishonoured cheque, petitioner did not pay and he thereby committed the offence under section 138 of Negotiable Instruments Act. Petitioner pleaded not guilty. Learned Magistrate on the evidence of PW1 and Exts.P1 to P6 found the petitioner guilty. He was convicted and sentenced to simple imprisonment for five months and a compensation of Rs.1,50,000/-. Petitioner challenged the conviction and sentence before Sessions Court, Thiruvananthapuram in Crl.Appeal 1018 CRRP3777/08 2 of 2006. Learned Additional Sessions Judge on reappreciation of evidence confirmed the conviction but modified the sentence to imprisonment till rising of Court and a compensation of Rs.1,50,000/-. Petitioner is challenging the conviction and sentence in this revision. 2. Learned counsel appearing for revision petitioner was heard. Learned counsel did not challenge the conviction but only sought six months time to pay the compensation. 3. On hearing the learned counsel and going through the judgments of Courts below, I find no reason to interfere with the conviction or the sentence. Evidence of PW1 establish that Ext.P1 cheque was issued towards repayment of Rs.1,50,000/- borrowed earlier. It is also proved that the cheque was dishonoured for want of sufficient funds, though account was also closed after issuance of the cheque. It is also proved that first respondent had complied with all the statutory formalities provided under section 138 and 142 of Negotiable Instruments Act. Conviction of the petitioner for the offence under section 138 of N.I. Act in such circumstances is perfectly legal. 4. Then the only question is regarding the sentence. Learned Sessions Judge modified the sentence to imprisonment CRRP3777/08 3 till rising of Court in addition to a compensation of Rs.1,50,000/-. Compensation awarded was only for the amount covered by the dishonoured cheque. In such circumstances sentence also does not warrant any modification. Revision is dismissed. Petitioner is granted five months time to pay the fine from today. Petitioner is directed to appear before the Magistrate on 28.4.2009. M. SASIDHARAN NAMBIAR, JUDGE Okb/-