IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 Crl.Rev.Pet.No. 3540 of 2008() ------------------------------ CRA.591/2006 of II ADDL. SESSIONS COURT, TRIVANDRUM ST.NO.7/2005 & ST.NO.131/2005 of JUDICIAL FIRST CLASS MAGISTRATE COURT VI, THIRUVANANTHAPURAM. .................... REVN. PETITIONER(S): APPELLANT:ACCUSED: ----------------------------------------------------------------------- VISWAKUMARAN, PRA.2344, TC.37/717 CHADIYARA, POOJAPPURA, THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): RESPONDENTS:COMPLAINANT & STATE: ----------------------------------------------------------------------------------------- 1. A.K.KUNJUMOL, TC.17/758(1) CHITRA NAGAR, POOJAPPURA PO., THIRUVANANTHAPURAM 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.M.NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO. 3540 OF 2008 =========================== Dated this the 4th day of November,2008 ORDER Petitioner is the accused and first respondent the complainant in S.T.7/2005 and S.T.131/2005 on the file of Judicial First Class Magistrate -V, Thiruvananthapuram. Both the cases were jointly tried and petitioner was convicted for the offence under section 138 of Negotiable Instruments Act. But only one sentence was awarded. Instead of filing two appeals against the two convictions, it appears that petitioner filed only one appeal. It was entertained as Crl.A.591/2006 by Sessions Court, Thiruvananthapuram. The judgment of the Additional Sessions Court, Thiruvananthapuram shows that eventhough there should have been two appeals, learned Sessions Judge modified the sentence to imprisonment till rising of the court and a fine of Rs.1,05,000/- and in default simple imprisonment for two months and on realisation of the fine, it CRRP3540/2008 2 was directed to be given to first respondent as compensation. As the appeal was entertained against two judgments, one revision is filed challenging the conviction and sentence. 2. Learned counsel appearing for petitioner was heard. 3. The argument of the learned counsel is that it is for the first respondent to prove that Ext.P1 to P4 cheques were issued towards the legally recoverable debt and there is no acceptable evidence to prove that fact and therefore the conviction is not sustainable. Learned counsel submitted that even if conviction is to be confirmed, petitioner may be granted five months time to pay the fine as directed by the courts below. 4. On hearing the learned counsel and going through the judgments of the court below, I do not find any reason to interfere with the factual findings. Learned Magistrate and the learned Sessions Judge appreciated the evidence of first CRRP3540/2008 3 respondent as PW1 and the revision petitioner as DW1 and found that Exts.P1 to P4 cheques were issued towards repayment of the amount due. Exercising the revisional powers of this court, I do not find any reason to interfere with the appreciation of evidence. Evidence also establish that all the cheques were dishonoured for want of sufficient funds and first respondent has complied with all the statutory formalities as provided under sections 138 and 142 of Negotiable Instruments Act. In such circumstance, conviction of the petitioner for the offence under section 138 of Negotiable Instruments Act is perfectly legal. 5. Then the only question is with regard to the sentence. Learned Sessions Judge modified the sentence to imprisonment till rising of the court and a fine of Rs.1,05,000/- which is the amount covered by the dishonoured cheques with a default sentence of simple imprisonment for two months. In the nature of the case, I do not find any illegality in the sentence also. Therfore the CRRP3540/2008 4 revision is dismissed. Petitioner is granted three months time from today to pay the fine. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006