IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 Crl.Rev.Pet.No. 69 of 2008() ---------------------------- CRA.799/2005 of ADDL.SESSIONS COURT (ADHOC)III, TRIVANDRUM CC.70/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, ATTINGAL .................... REVN. PETITIONER: APPELLANT/ACCUSED ----------------------------------- V.S.AJI, S/O. SUDHAKARAN, MANAKKAD VEEDU, (KIZHAKKE PALACHEL VEEDU), KAYIKKARA. BY ADV. SRI.SABU S.KALLARAMOOLA RESPONDENTS: RESPONDENTS/COMPLAINANT & STATE -------------------------------------------- 1. PRASANNAN, S/O. CHELLAPPAN, PUTHUKKARI VAYALIL VEEDU, CHIRAYINKEEZHU DESOM, SARKKARA VILLAGE, THIRUVANANTHAPURAM. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ---------------------- Crl.R.P.No.69 of 2008 ---------------------------------------- Dated this the 11th day of January 2008 O R D E R This revision petition is directed against a concurrent verdict of guilty, conviction and sentence in a prosecution under Section 138 of the Negotiable Instruments Act. The petitioner now faces a sentence of imprisonment till rising of court and there is a direction to pay an amount of Rs.52,000/- as compensation and in default to undergo S.I for a period of three months. 2. The cheque is for an amount of Rs.50,000/-. It bears the date 20/11/2001. The signature in the cheque is admitted. That it was dishonoured for insufficiency of funds is not disputed. Notice of demand though duly received and acknowledged did not evoke any response. The short contention raised was that the cheque was not handed over to the complainant for the discharge of any legally enforcible debt/liability; but only as security for a transaction with one Ramanan. The said Ramanan was sought to be examined. Steps were taken; but when it was found that he was not available, the court was appraised that the petitioner does not want to examine the witness. Crl.R.P.No.69/08 2 The complainant examined himself as PW1 and proved Exts.P1 to P6. The accused did not adduce any defence evidence. 3. The courts below concurrently came to the conclusion that the complainant has succeeded in establishing all the ingredients of the offence punishable under Section 138 of the N.I Act. Accordingly they proceeded to pass the impugned concurrent judgments. 4. Called upon to explain the nature of the challenge which the petitioner wants to mount against the impugned concurrent judgments, the learned counsel for the petitioner, fairly it appears to me, submits that the petitioner does not want to challenge the verdict of guilty, conviction and sentence imposed. Having gone through the impugned concurrent judgments, I am satisfied that the impugned verdict of guilty, conviction and sentence are absolutely justified and do not warrant any interference. 5. The learned counsel for the petitioner finally prays that a breathing time may be granted to the petitioner to pay the amount of compensation and thus avoid the default sentence. I must say that at this point of time - after elapse of a period of six years from the date of the cheque and after having compelled Crl.R.P.No.69/08 3 the complainant to fight two rounds of unnecessary legal battle I find absolutely no merit in the prayer of any further time to make the payment. However, I am satisfied that a short breathing time can be granted to the petitioner. 7. In the result: a) This revision petition is dismissed but with the observation/direction that the impugned sentence shall not be executed till 29/2/2008. On or before 01/03/2008, the petitioner shall appear and his sureties shall produce him before the learned Magistrate for execution of the impugned sentence. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.69/08 4 Crl.R.P.No.69/08 5 R.BASANT, J C.R.R.P.No. ORDER 21ST DAY OF JULY 2006