IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 Crl.Rev.Pet.No. 3926 of 2009() ------------------------------ CRA.620/2007 of ADDL.SESSIONS COURT, KOTTAYAM ST.654/2006 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOTTAYAM .................... REVN. PETITIONER: PETITIONER/APPELLANT/ACCUSED ------------------------------------------------- N.SIVANANDA PRABHU, PARTNER G.E.PREBHU & SONS, K.K.ROAD, KOTTAYAM. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENTS: ACCUSED/STATE ---------------------------- 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. KOTTAYAM CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. K.48, KOTTAYAM, REPRESENTED BY ITS SECRETARY, C.N.REGHUNANDANAN, S/O.E.K.RAMAN NAMBOOTHIRI, THEKKUMOORE PALACE, NATTASSERY. PUBLIC PROSECUTOR SRI.JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. --------------------------------- Crl.R.P.No.3926 of 2009 --------------------------------- Dated this the 22nd day of December, 2009 ORDER The revision petitioner was convicted by the Judicial Magistrate of the First Class-I, Kottayam in S.T.No.654 of 2006 on his file for offence under Section 138 of the Negotiable Instruments Act and sentenced to simple imprisonment for three months and to pay Rs.32,476/- to the second respondent who was the complainant before the trial court. In Criminal Appeal No.620 of 2007, the Additional Sessions Judge, Kottayam, while confirming the conviction, reduced the sentence to imprisonment till rising of the court and a fine of Rs.32,476/- with a default sentence of simple imprisonment for one month. The fine on realisation was ordered to be paid to the second respondent as compensation under Section 357(1)(b) of the Code of Criminal Procedure. Assailing the legality, correctness and propriety of the above conviction and sentence as modified in appeal, this revision petition was filed. 2. Having heard the learned counsel for the revision petitioner and perusing the judgments of courts below, I find Crl.R.P.No.3926 of 2009 2 that the second respondent through the evidence of its Secretary as PW.1 had succeeded to establish that the revision petitioner availed a loan of Rupees two lakhs from the second respondent with an agreement to repay the same in instalments with interest and other charges and for the due payment of instalments, cheques were issued with understanding that the same would be presented in case of default of instalments and that towards an amount of Rs.32,476/- due towards the loan liability, Ext.P1 cheque dated 29/12/2005 was presented for collection, it was returned bounced for insufficiency of funds as evidenced by Ext.P2 memo dated 31/12/2005. Despite the acknowledgment of a notice demanding discharge of the liability as evidenced by Ext.P5, the liability was not discharged. The revision petitioner had taken up a defence of total denial. He has no case that no amount was due to the society from him or that the loan liability was discharged or that he had not issued the cheque as averred by PW.1. No reply was caused. No defence evidence was also let in. The result is that the evidence of PW.1 supported by presumptions under Sections 118 and 139 of the Negotiable Instruments Act remains uncontroverted. There is no reason to Crl.R.P.No.3926 of 2009 3 disbelieve PW.1. The courts below had rightly relied upon the evidence of PW.1 to come to a conclusion of guilt against the revision petitioner. I find no reason to interfere with the conviction. 3. The appellate court was very lenient in reducing the sentence to one of imprisonment till rising of the court and fine equal to the cheque amount. The sentence also requires no interference. In the result, this revision petition is dismissed as devoid of merit. The revision petitioner is granted six months time to remit the fine. Till then, the bail bond executed by him shall remain force. P.S.GOPINATHAN, JUDGE skj