IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 Crl.Rev.Pet.No. 830 of 2002 CRA.130/1996 of ADDL. SESSIONS COURT, (ADHOC), PALAKKAD ST.245/1991 of CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD .................... REVN. PETITIONER: APPELLANT/ACCUSED V.K.JANAKI, W/O.SKV SUBRAMANIAN, MANAGING PARTNER, LAYANA PERFUMERY WORKS, JANAKI NIVAS, AMBIKAPURAM POST, PALAKAD DISTRICT, NOW RESIDING AT 8/194, "KRISHNA PRIYA", PALLATHERI, PALLATHERI POST, PALAKKAD-7. BY ADV. SRI.J.S.AJITHKUMAR SRI.JEBY JACOB RESPONDENTS: RESPONDENT/COMPLAINANT 1. VARAKAMPADI GIRIJANA INDUSTRIAL CO-OP. SOCIETY ATTAPPADI, MANNARKKAD TALUK, PALAKKAD DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJETH ALI THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 09/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.830 OF 2002 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of April 2008 ORDER Petitioner was tried 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 she was accordingly convicted and sentenced to suffer simple imprisonment for three months. The above order of conviction and sentence was confirmed in appeal. Hence this revision petition. 2. The case of the complainant was that the accused owed a total sum of Rs.38,029.55/- to the complainant/society. The accused had issued Exts.P1 to P4 cheques towards the discharge of the above liability. But when the cheques were presented for encashment, they were dishonoured due to insufficiency of funds in the account of the accused. The statutory demand notice issued by the complainant did not evoke any response. Crl.R.P.No.830 OF 2002 :: 2 :: 3. PWs 1 to 3 were examined on the side of the complainant and Exts.P1 to P13 were marked on his side. Ext.D1 was marked on the side of the accused. 4. The defence set up by the accused was that the four cheques were issued as security and there was no liability to be discharged by him as alleged by the complainant. The trial court as well as the appellate court had considered the above and other inconsequential contentions raised by the accused elaborately. 5. Having gone through the impugned orders, I do not find any reason to disagree with the concurrent findings entered by the courts below. There is no material illegality or irregularity in the orders passed by the courts below. Therefore, the order of conviction is liable to be confirmed. I do so. 6. But in the matter of sentence, I am satisfied that the petitioner who is a lady, deserves some leniency. I am inclined to accept the plea made on behalf of the petitioner to give her an opportunity to pay off the liability. Therefore, in Crl.R.P.No.830 OF 2002 :: 3 :: supersession of the substantive sentence of imprisonment imposed on the petitioner, she is directed to suffer imprisonment till the rising of the court and remit the cheque amount along with Rs.5,000/- (38,029.55 + 5,000 = 43,029.55) as compensation. Petitioner shall appear before the trial court on June 16, 2008 and remit the amount of compensation mentioned above under Section 357(3) of the Code of Criminal Procedure. On her appearance, the learned Magistrate shall ensure that the petitioner undergoes imprisonment till the rising of the court on that day. On failure of the petitioner to appear and remit the compensation, the sentence imposed on her by the courts below shall stand confirmed. (A.K.BASHEER, JUDGE) jes Crl.R.P.No.830 OF 2002 :: 4 :: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.830 OF 2002 - - - - - - - - - - - - - - - - - - - - - - - - - ORDER Dated 9th April, 2008