IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 Crl.Rev.Pet.No. 208 of 2006() -------------------------------------- CRA.198/2002 of ADDL. DISTRICT AND SESSIONS JUDGE (ADHOC) FAST TRACK II, PATHANAMTHITTA CC.600/1998 of JUDL.MAGISTRATE OF FIRST CLASS COURT I, ADOOR .................... REVN. PETITIONER/APPELLANT/ACCUSSED: ----------------------------------------------------------------- REGHUNATHAN PILLAI, S/O. SANKARA PILLAI THONNURAMPANTHIYIL VEEDU, MANAMPUZHA P.O., KUNNATHOOR VILLAGE, KOLLAM. BY ADV. SRI.BECHU KURIAN THOMAS SRI.ROSHEN.D.ALEXANDER RESPONDENTS/RESPONDENTS/COMPLAINANT: ---------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SAJI JOHN, S/O. YOHANNAN, POURANAMI, NEAR PARTHASARATHY TEMPLE, KONNMKARA MURI, ADOOR VILLAGE. BY PUBLIC PROSECUTOR THOMAS JOHN AMBOOKER - R1 SRI.K.SASIKUMAR FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 26/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.Rev.Pet.No. 208 of 2006() ORDER ON C.M. APPL. 592 OF 2006 IN CRL. R.P. NO.208 OF 2006. DISMISSED SD/- M.N.KRISHNAN, JUDGE 26.11.2008. // TRUE COPY // PA TO JUDGE rhs M.N. KRISHNAN, J ----------------------- CRL.R.P.No. 208 OF 2006 --------------------------------- Dated this the 26th day of November, 2008 ORDER This Criminal Revision Petition is preferred against the judgment in Crl. Appeal No. 198/2002 of the Additional District & Sessions Judge, Pathanamthitta. The appeal was preferred against the conviction and sentence passed by the Judicial First Class Magistrate, Adoor in C.C. 600/08. The trial court found the accused guilty under Section 138 of Negotiable Instruments Act and sentenced him to undergo Simple Imprisonment for three months and to pay a fine of Rs. 5,000/-, in default to undergo Simple Imprisonment for one month. The appellate court on appreciation of the materials confirmed the conviction and sentence is modified to Simple Imprisonment for one month and to pay compensation of Rs. 1,30,000/- and to undergo default sentence for three months. It is against that decision the present revision is filed. 2. The learned counsel for the revision petitioner would contend that there are no sufficient materials to convict the accused under Section 138 of the Negotiable Instrument Act. It is the case of the complainant that the revision petitioner borrowed a sum of Crl.R.P.No. 208/2006 -2- Rs. 1,20,000/- and had issued a cheque towards discharge of the liability, which when presented for encashment was returned for insufficiency of funds. Though statutory notice was issued, no reply was sent and ultimately the prosecution was lodged. The courts below found that the evidence of PW1 inspires confidence and it is intrinsically reliable and therefore found in favour of the complainant regarding execution of the cheque and that was towards discharge of the liability. It is also found when such is a situation no rebuttal evidence is adduced to discredit the same and therefore found the transaction as stated by the complainant. The revision petitioner even did not send any reply to the notice. So all the statutory requirements were complied with and I do not find any illegality or irregularity committed by courts below in arriving at a decision regarding finding of guilt under Section 138 of the N.I. Act. 3. So far as the sentence is concerned, the appellate court has modified the sentence by reducing the sentence to one month imprisonment and to pay compensation of Rs. 1,30,000/-, in default Simple Imprisonment for three months. After hearing both sides I feel justice can be met by reducing the sentence and converting the Crl.R.P.No. 208/2006 -3- compensation to that fine and awarding a default sentence. In the result, Criminal Revision Petition is disposed of as follows: 1. Conviction under Section 138 of Negotiable Instrument Act is upheld. 2. The Revision Petitioner is sentenced to undergo Simple Imprisonment for one day that is till the rising of the court and to pay a fine of Rs. 1,30,000/- which on realisation shall be disbursed to the complainant and in default, revision petitioner shall undergo Simple Imprisonment for a period of one month. 3. The revision petitioner shall present himself before the trial court for receiving the sentence and pay the fine on 16.2.2009, failing which the trial court shall execute the sentence. The Criminal Revision Petition is disposed of accordingly. M.N. KRISHNAN,JUDGE vkm