IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 Crl.Rev.Pet.No. 3057 of 2009() ---------------------------------------- CRA.189/2006 of ADDL. DISTRICT & SESSIONS COURT (ADHOC), THRISSUR CC.256/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------- SUDHEER BABU,S/O.KANDAMPULLY SEKHARAN, POOVATHUR & POST,BRAHMAKULAM AMSOM, CHAVAKKAD TALUK,THRISSUR-680 508. BY ADV. MR.K.I.SAGEER RESPONDENT(S): COMPLAINANT AND STATE ------------------------- 1. SHAJI,S/O.POONGHAT SREENIVASAN, RESIDING AT POOVATHUR & POST,BRAHMAKULAM AMSOM, CHAVAKKAD TALUK,THRISSUR-680 508. 2. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR MR.RITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 05/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.S.GOPINATHAN, J. = = = = = = = = = = = = Crl.R.P.No.3057 of 2009. = = = = = = = = = = = = Dated this the 5th day of October, 2009. O R D E R The revision petitioner is the accused in CC.No.256/2003 on the file of the Judicial Magistrate of the First Class, Chavakkad. The first respondent herein prosecuted the revision petitioner alleging offence under Section 138 of the Negotiable Instruments Act. The learned Magistrate, after due trial, arrived a conclusion of guilt. Consequently, the revision petitioner was convicted and sentenced to simple imprisonment for three months. He was further directed to pay Rs.50,000/- as compensation to the first respondent under Section 357(3) of the Criminal Procedure Code with a default sentence of simple imprisonment for three months. In appeal, the Addl.Sessions Judge (Adhoc-I), Thrissur confirmed the conviction. Crl.R.P.No.3057 of 2009. -: 2 :- Substantive sentence was reduced to imprisonment till rising of the court. Assailing the legality correctness and propriety of the above conviction and sentence as confirmed in appeal, this revision petition was filed. 2. Having heard the learned counsel for the revision petitioner and perusing the judgments impugned, I find that the first respondent, who was examined as Pw1, supported by Exts.P1 to P6, had succeeded to establish that the revision petitioner owed a sum of Rs.1,00,000/- to the first respondent and in discharge of that liability, Ext.P1 cheque and another cheque for Rs.50,000/- each were issued and that when Ext.P1 was sent for collection, it was dishonoured for insufficiency of funds, as evidenced by Exts.P2 and P3 memos. Though a lawyer notice, copy of which was marked as Ext.P4 was caused demanding discharge of the liability and it was acknowledged by the revision petitioner as evidenced by Ext.P6, the liability was not discharged. There is no contra evidence. The revision Crl.R.P.No.3057 of 2009. -: 3 :- petitioner has got no good defence. In effect, the evidence of Pw1 supported by Ext.P1 and the legal presumptions under Sec.118 and 139 of the Negotiable Instruments Act remains uncontroverted. I find that the courts below had correctly appreciated the evidence and arrived a finding of guilty. The conviction under challenge is unassailable. Taking note that an ordinary money transaction coupled with financial difficulties led the revision petitioner to face the prosecution, I find that he is entitled to leniency in sentence and that sentence of imprisonment till rising of the court and a fine of Rs.50,000/- would meet the ends of justice. 3. In the result, the revision petition is allowed in part. While confirming the conviction, the sentence is reduced to imprisonment till rising of the court and a fine of Rs.50,000/- with default sentence of simple imprisonment for six months. The fine amount, if realized shall be paid to the first respondent as compensation under Section 357(1) of the Code of Criminal Crl.R.P.No.3057 of 2009. -: 4 :- Procedure. The revision petitioner is granted six months’ time for payment of compensation, provided he executes a bail bond for Rs.15,000/- (Rupees fifteen thousand only) with two solvent sureties each for like sum to the satisfaction of the trial court. P.S.GOPINATHAN, JUDGE. Kvs/-