IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 Crl.Rev.Pet.No. 33 of 2001 ---------------------------- CRA.22/1999 of V ADDL.SESSIONS COURT, ERNAKULAM CC.128/1994 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... REVN. PETITIONER/ACCUSED: ------------------------------------------ P. ANTONY SILVESTER, HOUSE NO.IX/207, VELI, COCHIN-1. BY ADV. SRI.K. RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI RESPONDENTS/COMPLAINANT & STATE: --------------------------------------------------------- 1. LIGY PHILIP, W/O. PHILIP NERI PROPRIETRIX, ALPHA ELECTRONICS TATA PIPE LINE ROAD, COCHIN. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR, SRI. C.M. NAZAR. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 07/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.33 OF 2001 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of April 2008 ORDER Petitioner was prosecuted for the offence punishable under Section 138 of the Negotiable Instruments Act at the instance of respondent no.1 herein. The trial court found the petitioner guilty and he was accordingly convicted and sentenced to undergo simple imprisonment for four months and to pay a fine of Rs.20,000/- and in default to suffer simple imprisonment for two more months. It was further directed that a sum of Rs.10,000/- shall be paid to the complainant, if the fine amount was realized. While confirming the order of conviction, the Sessions Court converted the sentence of fine as compensation. 2. The case of the complainant was that the accused had borrowed a sum of Rs.18,000/- from him and issued Ext.P1 cheque in discharge of the said debt. But when the cheque was presented for encashment, it was dishonoured due to insufficiency of funds in the account of the accused. Statutory demand notice issued by the complainant did not evoke any Crl.R.P.No.33 OF 2001 :: 2 :: response. Hence the complaint. 3. PWs 1 to 3 were examined on the side of the complainant. Exts.P1 to P5 were also marked. DW1 was examined and Exts.D1 to D6 were marked on the side of the defence. 4. The accused had admitted issuance of Ext.P1 cheque. But according to him, the said cheque happened to be issued to the complainant in connection with some business transaction between him and the complainant. But the courts below had concurrently found that the complainant had satisfactorily established his case. Learned counsel for the petitioner has taken me through the materials available on record. 5. Having heard learned counsel for the petitioner and having perused the materials available on record, I am satisfied that the courts below were justified in holding the petitioner guilty under Section 138 of the Negotiable Instruments Act. Therefore, the order of conviction is liable to be confirmed. I do so. But in the matter of sentence, I am inclined to accept the Crl.R.P.No.33 OF 2001 :: 3 :: plea of the counsel for the petitioner to show some leniency since he is prepared to pay off the entire liability. 6. It is brought to my notice that the petitioner had already deposited the amount of compensation before the trial court as directed by this court on January 5, 2001. In that view of the matter, I am satisfied that the sentence imposed on the petitioner can be modified. Petitioner shall appear before the trial court on August 6, 2008 and suffer imprisonment till the rising of the court on that day. The amount of compensation deposited by the petitioner shall be released to the complainant. (A.K.BASHEER, JUDGE) jes