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. 3067 of 2009() ----------------------------------------- CRA.603/2007 of ADDL. DISTRICT & SESSIONS COURT (ADHOC)-II, KOTTAYAM ST.772/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT – I, KOTTAYAM .................... REVN. PETITIONER(S): APPELLANT/ ACCUSED ------------------------------ MARY ULAHANNAN MUKALEL (H) CHERUVANDOOR, ETTUMANOOR PO, KOTTAYAM. BY ADV. MR.JOSE JOSEPH (MANNAR) RESPONDENT(S): RESPONDENT/ COMPLAINANT ------------------------- 1. P.D.REJIMON PULICKALPARAMBIL HOUSE, MANARCADU PO, KOTTAYAM. 2. STATE OF KERALA, REPRESENTED BY THE 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.3067 of 2009. = = = = = = = = = = = = = Dated this the 5th day of October, 2009. O R D E R The revision petitioner is the accused in ST.No.772/2006 on the file of the Judicial Magistrate of the First Class-I, Kottayam. 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. She was further directed to pay a compensation of Rs.60,000/- to the first respondent under Section 357(3) of the Criminal Procedure Code. In appeal, the Addl.Sessions Judge (Adhoc-II), Kottayam confirmed the conviction. The sentence was reduced to imprisonment till rising of the Crl.R.P.No.3067 of 2009. -: 2 :- court and fine of Rs.60,000/-, which if realised shall be paid to the first respondent as compensation under Section 357 (1) of the Code of Criminal Procedure. In default of payment of fine, the revision petitioner was asked undergo to simple imprisonment for three months. Assailing the legality, correctness and propriety of the above conviction and sentence as modified 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.60,000/- to the first respondent and in discharge of that liability Ext.P1 cheque was 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 returned refused by the Crl.R.P.No.3067 of 2009. -: 3 :- revision petitioner as evidenced by Ext.P6. Neither the liability was discharged. There is no contra evidence. The revision petitioner has denied the transaction when questioned under Sec.313 Crl.P.C. During the course of evidence the suggestion was that Rs.40,000/- was borrowed and it was discharged. However, the evidence of Pw1, supported by Ext.P1 and the presumptions under Sec.118 and 139 remains uncontroverted. The revision petitioner has no good explanation as to how the first respondent got the cheque. I find that the courts below had correctly appreciated the evidence and arrived a finding of guilty. The conviction under challenge is unassailable. The appellate court was very lenient in reducing the sentence to imprisonment till rising of the court and a fine of Rs.60,000/-. Sentence also requires no modification. 3. In the result, the revision petition is devoid of merits. Hence, it is dismissed. The revision petitioner is granted six months’ time for payment of compensation, provided she executes a bail bond for Rs.15,000/- (Rupees Crl.R.P.No.3067 of 2009. -: 4 :- fifteen thousand only) with two solvent sureties each for like sum to the satisfaction of the trial court. P.S.GOPINATHAN, JUDGE. Kvs/-