IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 Crl.Rev.Pet.No. 1611 of 2011() ------------------------------------------- CRA.961/2008 OF ADDITIONAL SESSIONS COURT-II, THIRUVANANTHAPURAM ST.291/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-X, THIRUVANANTHAPURAM. .................... REVN. PETITIONER/APPELLANT/ACCUSED: ----------------------------------------------------------------- G. MADHUSOODHANAN PILLAI, M.M. UPHOLSTERY WORKS, ULLOOR, THIRUVANANTHAPURAM. BY ADV. SRI.D.KISHORE RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------- 1. V. MURALEEDHARAN NAIR, RESIDING AT T.C. NO.4/2534, PATTOM, THIRUVANANTHAPURAM-695 004. 2. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. R1 BY ADV. SRI.J.HARIKUMAR. R2 BY PUBLIC PROSECUTOR MR.SABU SREEDHARAN. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 27/07/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.1611 OF 2011 ----------------------------------------- Dated this the 27th day of July 2011 ORDER Revision is by the accused convicted of the offence under Section 138 of the Negotiable Instruments Act (for short, NI Act), concurrently, by the two courts below. The trial Magistrate, on his conviction, has sentenced him to undergo simple imprisonment for three months and to pay a fine of Rs.70,000/- with default term of imprisonment for two months more. In appeal, the learned Sessions Judge, while confirming the conviction, has modified the sentence reducing the substantive term of imprisonment to one day, till the rising of the court, and enhancing the fine to Rs.72,000/- with default term of three months. Feeling aggrieved, the accused has preferred this appeal. 2. I heard the learned counsel for the petitioner. Though the conviction of the accused is assailed on various grounds by the learned counsel for the petitioner, going through the judgment rendered by the learned Magistrate, it is seen that the evidence in the case consisted that of the complainant alone though the transaction itself was denied by the accused. He had contended that the cheque was handed over to one of the friends of the complainant and from him the complainant had obtained the cheque and filed the complaint. The evidence of the complainant examined as PW1 was found reliable and trustworthy to the Crl.R.P No.1611/2011 - 2 - learned Magistrate. The materials tendered by him clearly demonstrate that the notice issued, demanding the sum covered by the cheque on its dishonour, was acknowledged, but, not responded with payment or reply. After meticulous consideration, the learned Magistrate has accepted the case of the complainant to enter a finding of guilt against the accused for the offence imputed. The learned Sessions Judge, after reappraisal of the evidence, has confirmed the finding of guilt so entered. I do not find any infirmity in the finding concurrently entered by the two courts to hold the accused guilty, and convict him for the offence. 3. So far as the sentence imposed, it is seen, sufficient leniency has been extended by the learned Sessions Judge who has reduced the substantive term of imprisonment imposed by the Magistrate limiting it to one day, till rising of the court. The learned counsel for the petitioner requested for extension of time to pay the fine and thus avoid the default term of imprisonment. The cheque giving raise to the prosecution of the accused leading to his conviction, is dated 10-01-2008. Having regard to the fact that the cheque amount is only Rs.70,000/- and the proceedings are continuing for the last more than three years, the request for further extension of time cannot be acceded to. However, there will be a direction to the learned Magistrate to keep Crl.R.P No.1611/2011 - 3 - in abeyance the execution of sentence against the accused for a period of six weeks from today. 4. The petitioner shall appear before the Magistrate on 26-09-2011 to serve out the sentence of imprisonment for one day and to report the payment of fine. In default of his appearance and nonpayment of the fine, the learned Magistrate shall execute the sentence in accordance with law. Sd/- vdv S.S.SATHEESACHANDRAN, JUDGE //True Copy// P.A to Judge