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. 3247 of 2008() ------------------------------ CRA.613/2006 of SESSIONS COURT, PALAKKAD STC.910/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT, CHITTUR .................... REVN. PETITIONER:APPELLANT/ACCUSED ---------------------------------------------- THANKAMMA, 57 YEARS, W/O.LATE A.M.K.MUTHU @ KUPPAMUTHU VADAKKEPAVADIYIL HOUSE, KOLLENGODE AMSOM, AND VILLAGE, CHITTUR TALUK. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENTS:RESPONDENTS/COMPLAINANT & STATE -------------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SATHEESH, 35 YEARS, S/O.PAZHANIMALA, SURESH BHAVAN KAMBRATHUCHALLA, MUTHALAMADA VILLAGE CHITTUR TALUK. BY PUBLIC PROSECUTOR SRI.C.M. NAZAR FOR R1 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.3247 OF 2008 =========================== Dated this the 17th day of October,2008 ORDER Petitioner is the accused and second respondent the complainant in S.T.910/2005 on the file of Judicial First Class Magistrate, Chittur. Second respondent lodged the complaint contending that petitioner borrowed Rs.40,000/- and towards its repayment issued Ext.P1 and P2 cheques for Rs.20,000/- each respectively on 25.11.2004 and 23.11.2004 and when the cheques were presented for encashment they were dishonoured for want of sufficient funds under Exts.P3 and P4 and inspite of Ext.P6 notice demanding the amount petitioner did not pay the amount and thereby committed the offence under section 138 of N.I.Act. Petitioner pleaded not guilty. Second respondent was examined as PW1 and Exts.P1 to P7 were marked. Petitioner was examined as DW1 and a witness was examined as DW2. Learned Magistrate found the petitioner CRRP 3247/2008 2 guilty and she was sentenced to imprisonment till rising of the court and a fine of Rs.25,000/- and in default simple imprisonment for three months with a direction to pay Rs.23,000/- out of the fine when released to second respondent as compensation. Petitioner challenged the conviction and sentence before Sessions Court, Palakkad in Crl.A.613/2006. Learned Sessions Judge on reappreciation of evidence confirmed the conviction and sentence and dismissed the appeal. It is challenged in this revision. 2. Learned counsel appearing for petitioner was heard. 3. Learned counsel did not challenge the conviction or the sentence and only prayed for two months time to pay the fine as directed by learned Sessions Judge. 4. Learned Magistrate and learned Sessions Judge on appreciation of evidence of second respondent as PW1 and petitioner as DW1 and his witness as DW2 found that Ext.P1 and P2 cheques CRRP 3247/2008 3 were issued towards repayment of the amount due. It was also found that when the cheques were presented for encashment it was dishonoured for want of sufficient funds and second respondent has complied with all the statutory formalities . I find no illegality or irregularity in the appreciation of evidence warranting interference. Conviction of the petitioner for the offence under section 138 of N.I.Act is only to be confirmed. 5. Learned Magistrate sentenced the petitioner only to imprisonment till rising of the court in addition to a fine of Rs.25,000/- with a direction to pay Rs.23,000/- out of the fine amount as compensation under section 357(1) of the Code of Criminal Procedure. Sentence is perfectly reasonable and warrants no interference. On the submission of learned counsel appearing for petitioner that petitioner cannot pay the fine immediately due to financial conditions, she is granted two months time to pay the fine. Criminal Revision Petition is dismissed. CRRP 3247/2008 4 Petitioner is directed to appear before the learned Magistrate on 24.12.2008. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006