IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 Crl.Rev.Pet.No. 3012 of 2009() ------------------------------ CRA.200/2004 of ADDL.SESSIONS COURT (ADHOC)-III, THALASSERY ST.3947/2003 of ADDL.CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY .................... REVN. PETITIONER: APPELLANT/ACCUSED -------------------------------------- SURESH BABU,S/O.KUNHAMBU, AGED 42 YEARS,BUSINESS, RAYAROTH HOUSE,CHOKLI POST, THALASSERY TALUK. BY ADV. SRI.M.C.RATNAKARAN RESPONDENTS: RESPONDENT/COMPLAINANT ------------------------------------- 1. USMAN B.,S/O.MAMMU, 43 YEARS,JAMEELA MANZIL,CHOKLI AMSOM, MENAPRAM DESOM,P.O.CHOKLI. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ---------------------------------------- Crl.R.P.No.3012 of 2009 ---------------------------------------- Dated this the 29th day of September, 2009 ORDER The revision petitioner is the accused in S.T.No.3947 of 2003 on the file of the Additional Chief Judicial Magistrate, Thalassery. The first respondent prosecuted the revision petitioner alleging offence under section 138 of the Negotiable Instruments Act. The learned Magistrate after due trial arrived a finding of guilt. Consequently the revision petitioner was convicted and sentenced to simple imprisonment for 6 months and a fine of Rs.30,000/- with default clause to under go simple imprisonment for a further period of 3 months. 2. Aggrieved by the above conviction and sentence Criminal Appeal No.200 of 2004 was preferred before the Additional Sessions Judge, Thalassery. The learned Additional Sessions Judge (Adhoc)-III, to whom the appeal was made over, while confirming the conviction and sentence, the appeal was dismissed. Crl.R.P.No.3012 of 2009 2 3. Now assailing the legality, correctness and propriety of the above conviction and sentence, as confirmed in appeal this revision petition was filed. Having heard the learned counsel for the revision petitioner and perusing the judgments of the courts below, I find that the first respondent who was examined as PW.1 supported by Exts.P1 to P4 had succeeded to establish that out of a business transaction the revision petitioner owed a sum of Rs.25,000/- to the first respondent and in discharge of the said liability Ext.P1 cheque drawn on Chockli Service Co-operative Bank was issued and that when it was sent for collection it was returned bounced for insufficiency of funds as evidenced by Ext.P2 memo. Though the revision petitioner acknowledged a lawyer notice, copy of which was marked as Ext.P3, the liability was not discharged. The courts below had convicted the revision petitioner based upon cogent evidence. I find no reason to interfere with the conviction under challenge. 4. According to the learned counsel for the revision petitioner, to clear the liability that occurred out of a business transaction, the cheque was issued and that the financial Crl.R.P.No.3012 of 2009 3 difficulty led the revision petitioner to face the prosecution and that sentence awarded by the trial court and confirmed by the appellate court is excessive. Taking into account of the circumstances stated, I find that imprisonment till rising of the court with a fine of Rs.28,000/- would meet the ends of justice. 5. In the result, this revision petition is allowed in part. The conviction is confirmed. The sentence is reduced to imprisonment till rising of the court and a fine of Rs.28,000/-. In default of payment of fine, the revision petitioner shall under go simple imprisonment for a period of 4 months. The revision petitioner is granted 6 months time for payment of fine provided he executes a bond for Rs.15,000/- with 2 solvent sureties each for like amount to the satisfaction of the trial court within 15 days. The fine amount, if any realized shall be paid to the 1st respondent as compensation. P.S.GOPINATHAN, JUDGE Skj.