IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 Crl.Rev.Pet.No. 1926 of 2010() ------------------------------ CRA.57/2009 OF THE ADDL.DISTRICT AND SESSIONS JUDGE, FAST TRACK(ADHOC-II), KOZHIKODE STC.394/2008 of JUDL. MAGISTRATE OF FIRST CLASS-II, PERAMBRA .................... REVN. PETITIONER(S): REVISION PETITIONER/APPELLANT/ACCUSED ---------------------------------------------------------- K.K.BIJU, S/O.SREEDHARAN NAIR, KUNNAKANDY HOUSE, VATTOLI BAZAR.P.O., BALISSERY VIA, KOYLANDY TALUK. BY ADV. SRI.SUDHEESH.A. SMT.C.V.BINDU RESPONDENT(S): COMPLAINANT -------------------------- 1. SUDEEP KUMAR, S/O. SADANANDAN NAIR, KUNNUMPURATH HOUSE, VATTOLI BAZAR.P.O., BALUSSERY VIA, KOYLANDY TALUK. 2. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.C.M.NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 02/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ----------------------------- Crl.R.P.No.1926 of 2010 --------------------------------- Dated this the 2nd day of July 2010 O R D E R The accused in a prosecution for an offence u/s.138 of the Negotiable Instruments Act is the revision petitioner, as he is aggrieved by the order of conviction and sentence imposed by the courts below. 2. The case of the complainant is that towards the discharge of a debt due to the complainant, the accused issued a cheque dated 16.1.2008 for Rs.21,000/-, which when presented for encashment dishonoured and the cheque amount was not repaid in spite of a formal demand notice and thus the revision petitioner has committed the offence punishable u/s.138 the Negotiable Instruments Act. With the said allegation, the complainant approached the Judicial First Class Magistrate-II, Perambra by filing a formal complaint, upon which cognizance was taken u/s.138 of the Negotiable Instruments Act and instituted Crl.R.P.No.1926 of 2010 : 2 : S.T.C.No.394/2008. During the course of the trial PW1 was examined from the side of the complainant and produced Exts.P1 to P5 documentary evidences. No evidence either oral or documentary adduced from the side of the defence. On the basis of the available materials and evidence on record, the trial court has found that the cheque in question was issued by the revision petitioner/accused for the purpose of discharging his debt due to the complainant. Thus accordingly the court held that, the complainant has established the case against the accused/revision petitioner and consequently found that the accused is guilty and thus convicted him u/s.138 of the Negotiable Instruments Act. On such conviction, the trial court sentenced the revision petitioner/accused to undergo simple imprisonment for a period of one month and also directed to pay a sum of Rs.21,000/- to the complainant as compensation under Sec.357(3) of Cr.P.C. and default sentence is fixed as one month. Though an appeal was filed by the revision petitioner, by judgment dated 4.3.2010 in Crl.A.No.57/2009, Crl.R.P.No.1926 of 2010 : 3 : the court of Additional District & Sessions Judge, Fast Track (Adhoc-II), Kozhikode dismissed the appeal confirming the conviction and sentence. It is the above conviction and sentence challenged in this revision petition. 3. The learned counsel for the revision petitioner submitted that sentence of imprisonment may be set aside and a breathing time may be granted to the revision petitioner to pay the compensation amount. 4. Having regard to the facts and circumstances of the case I am of th view that the said prayer can be considered favourably. In the result, this revision petition is disposed of confirming the conviction of the revision petitioner under Sec.138 of the N.I.Act as recorded by the court below. Accordingly, the sentence of imprisonment imposed against the revision petitioner is modified and reduced and he is sentenced to undergo simple imprisonment for one day ie; till the rising of the court and the revision petitioner is directed to pay a sum of Rs.22,500/- as compensation to the Crl.R.P.No.1926 of 2010 : 4 : complainant under Sec.357(3) of Cr.P.C. within 3 months from today and in case of default in paying the amount, the revision petitioner is directed to undergo simple imprisonment for 2 months. Accordingly, the revision petitioner is directed to appear before the trial court on 4th October, 2010 to receive the sentence and to pay the compensation amount as directed by this court. In case any failure on the part of the revision petitioner in appearing before the court below as directed above and in making the deposit of compensation amount, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence awarded against the revision petitioner. V.K.MOHANAN, JUDGE. Jvt