IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 Crl.Rev.Pet.No. 3390 of 2008() ------------------------------ ( CRA.116/2002 of ON THE FILE OF COURT OF ADDL.SESSIONS JUDGE(ADHOC II) KASARGOD) ( CC.251/1998 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... REVN. PETITIONER(S): REVN PETITIONER/APPELLANT/ACCUSED ------------------------------------------------------ MATHEW.C.J, AGED 53 YEARS, S/O.JOSEPH, BAJI HOUSE, VORKADY VILLAGE, KASARAGOD DIST. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): COMPLAINANT/ STATE --------------------------------- 1. VISHALAKSHI NAIK, AGED 48 YEARS, W/O.M.VISHNU PRASAD NAIK, D/O.B.D.SHEENAPPA NAIK, THALAPACHERI HOUSE, ADOOR, KASARAGOD DIST. 2. STATE OF KERALA REP:BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI C M NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ........................................... CRL.R.P.NO. 3390 OF 2008 ............................................ DATED THIS THE 24th DAY OF OCTOBER, 2008 ORDER Petitioner is the accused and first respondent, the complainant in C.C.251 of 1998 on the file of Chief Judicial Magistrate, Kasargod. First respondent lodged the complaint contending that towards the amount due from petitioner, he issued Ext.P1 cheque drawn in his account dated 30.9.2007 for Rs.1,50,000/- and when the cheque was presented for encashment, it was dishonoured under Ext.P2 for want of sufficient funds and in spite of Ext.P4 notice served on the petitioner under Ext.P5 demanding the amount covered by Ext.P1, petitioner did not pay the amount and thereby committed the offence under Section 138 of N.I.Act. 2. Magistrate took cognizance of the offence. Petitioner pleaded not guilty. On the evidence of PW1 and Exts.P1 to P5, Magistrate found him guilty. He was convicted and sentenced to simple imprisonment for eight months. Petitioner challenged the conviction and sentence before Sessions Court, Kasargod in Crl.A.116 of 2002. Learned Sessions Judge, on reappreciation of evidence, confirmed the conviction, but modified the sentence to CRRP 3390/2008 2 imprisonment till rising of court and a fine of Rs.1,50,000/- and in default, simple imprisonment for three months. On realisation of the amount, it was directed to be paid to first respondent as compensation under Section 357(1) of Code of Criminal Procedure. The conviction and sentence is challenged in this revision petition. 3. Learned counsel appearing for petitioner was heard. Learned counsel submitted that courts below did not properly appreciate the evidence and conviction and sentence is not sustainable. It was argued that as petitioner is involved in five other cases also, he may be granted six months time to pay the fine. 4. On hearing the learned counsel and going through the judgments of the courts below, I do not find any illegality in the conviction. Evidence of PW1 establish that Ext.P1 cheque was issued by petitioner towards payment of the amount due. It is also proved that the cheque was dishonoured for want of sufficient funds and first respondent demanded the amount covered by the cheque by sending Ext.P4 notice which was served on the petitioner. Petitioner did not pay the same. Complaint was also lodged within the period. Conviction of CRRP 3390/2008 3 petitioner for the offence under Section 138 of N.I.Act is perfectly legal. 5. Then the question is with regard to sentence. Learned Sessions Judge modified the sentence to imprisonment till rising of court, in addition to a fine and that too only for the amount covered by the dishonoured cheque. In such circumstances, there is no reason to interfere with the sentence also. Revision is dismissed. On the submission of learned counsel appearing for petitioner, petitioner is granted three months time from today to pay the fine. Petitioner is directed to appear before learned Magistrate on the expiry of three months from today. M.SASIDHARAN NAMBIAR, JUDGE lgk/-