IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 Crl.Rev.Pet.No. 3395 of 2008() ------------------------------ CRA.543/2003 of SESSIONS COURT, THALASSERY CC.131/2003 of ADDL.CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: -------------------------------------------------- M.YOUSAF, S/O.MOIDU, AGED 55 YEARS, Y.M.HOUSE, KADIRUR AMSOM DESOM, KADIRUR POST THALASSERY TALUK. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.KAUSER EDAPPAGATH RESPONDENT(S): RESPONDENTS/COMPLAINANT: ----------------------------------------------------- 1. KARUNAN, S/O.KANNAN, AGED 47 YEARS, PAZHASSI AMSOM, KAYANI DESOM. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO. 3395 OF 2008 =========================== Dated this the 17th day of October,2008 ORDER Petitioner is the accused in C.C.131/2003 on the file of Additional Chief Judicial Magistrate Court, Thalassery. First respondent is the complainant. Petitioner was concurrently convicted and sentenced for the offence under section 138 of Negotiable Instruments Act. Case of first respondent is that towards repayment of Rs.55,000/- borrowed by petitioner, he issued Ext.P1 cheque drawn on his account maintained in Thalassery Public Servants Co-operative Bank and when it was presented for encashment, it was dishonoured under Ext.P2 for want of sufficient funds and inspite of notice served on the petitioner under Ext.P3, he did not pay the amount and thereby committed the offence. Though petitioner pleaded not guilty, learned Magistrate on the evidence of PW1 and Exts.P1 to P4 found him CRRP3395/2008 2 guilty. He was sentenced to simple imprisonment for six months and a fine of Rs.60,000/- and in default simple imprisonment for three months. On realisation of the fine Rs.58,000/- was directed to be paid to the complainant as compensation under section 357(1) of Code of Criminal Procedure. Petitioner challenged the conviction and sentence before Sessions Court, Thalassery in Crl.A.543/2003. Learned Sessions Judge on reappreciation of evidence confirmed conviction but modified the sentence to imprisonment till rising of the court and a fine of Rs.60,000/- and in default simple imprisonment for three months. On realisation of fine, it was directed to be paid to first respondent as compensation. Revision is filed challenging the conviction and sentence. 2. Learned counsel appearing for petitioner was heard. 3. Learned counsel appearing for petitioner did not challenge the conviction and only prayed for time to pay the amount contending that because CRRP3395/2008 3 of financial conditions petitioner could not pay the amount. 4. Leaned Magistrate appreciated the evidence of PW1 in the proper perspective and found that Ext.P1 cheque was issued towards discharge of the existing liability. Learned Sessions Judge on reappreciation of evidence confirmed the same. I find no reason to differ. Evidence also establish that first respondent has complied with all statutory formalities provided under section 138 and 142 of Negotiable Instruments Act. Conviction of the petitioner for the offence under section 138 is perfectly legal and correct. 5. Then the only question is with regard to the sentence. Though learned Magistrate awarded a sentence of simple imprisonment for six months, learned Sessions Judge modified it to imprisonment till rising of the court in addition to a fine of Rs.60,000/- with a default sentence of simple imprisonment for three months. The cheque is for Rs.55,000/- and was issued on 8.1.2001. In such CRRP3395/2008 4 circumstance, I do not find any reason to interfere with the sentence also. But in view of the submission of the petitioner that because of his financial conditions, he cannot pay the fine immediately, he is granted four months time to pay the fine. Criminal Revision Petition is dismissed. Petitioner is directed to appear before the Additional Chief Judicial Magistrate, Thalassery on the expiry of four months from today. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006