IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 Crl.Rev.Pet.No. 460 of 2004(B) ------------------------------ CRA.100/2002 of ADDL. SESSIONS COURT (ADHOC), KALPETTA ST.105/2001 of JUDICIAL MAGISTRATE OF FIRST CLASS - I, KALPETTA. .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: --------------------------------------- P.C. JOY, S/O. CHAKKAPPAN, PANATTU HOUSE, P.O. MANDAD, MUTTIL AMSOM VYTHIRI TALUK, WAYANAD DISTRICT. BY ADV. SRI.JESWIN P.VARGHESE RESPONDENT(S): RESPONDENTS/COMPLAINANT; --------------------------------------- 1. N. JABBAR, S/O. BAVA NARIVIKKAMMATTOM HOUSE, P.O. MANDAD, MUTTIL AMSOM, VYTHIRI TALUK, WAYANAD DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.P.K.VARGHESE FOR R1 PUBLIC PROSECUTOR SRI.MUHAMMED PUZHAKKARA THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 26/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.A.No.1696/2004 in Crl.R.P.No.460/2004 DISMISSED 26-10-2010 Sd/-, P.Q.BARKATH ALI, JUDGE /True Copy/ P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.460 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of October , 2010 ORDER Revision petitioner is the accused in S.T.Case No.105/2001 of Judicial First Class Magistrate Court, Kalpetta and appellant in Crl.Appeal No.100/2002 of Addl. Sessions Court ( Adhoc), Kalpetta. The accused/revision petitioner was found guilty of the offence punishable under Section 138 of Negotiable Instruments Act and was convicted thereunder and was sentenced to undergo simple imprisonment for one month and to pay a compensation of Rs. 62,500/- under Section 357(3) of Cr.P.C. by the learned Magistrate by judgment dated June 29, 2002 which is confirmed by the lower appellate court by judgment dated July 5, 2003 The accused has now come up in revision challenging his conviction and sentence. 2. The case of the first respondent/complainant as testified by him as PW1 before the trial court and as detailed in the complaint was that towards the value of the jeep sold to the accused, he issued the Crl.R.P.No.460/2004 2 cheque Ext.P2 dated April 1, 2000 drawn on the Kalpetta branch of Wayanad District Co-operative Bank which when presented for collection was returned dishounoured for want of sufficiency of funds in the account of the accused in the bank and that in spite of notice Ext.P4 dated June 26, 2000, the accused did not repay the amount which is an offence punishable under Section 138 of Negotiable Instruments Act. 3. On receipt of the complaint, the learned Magistrate recorded the sworn statement of the complainant PW1 and took cognizance of the offence. The accused on appearance before the trial court pleaded not guilty to a charge under Section 138 of Negotiable Instruments Act. Complainant was examined as PW 1 and Exts.P1 to P6 were marked on his side. When questioned under Section 313 of Cr.P.C., the accused denied the transaction. No defence evidence was adduced. 4. The learned Magistrate on an appreciation of evidence found the revision petitioner guilty of the offence punishable under Section 138 of Negotiable Instruments Act , convicted him thereunder and sentenced him as aforesaid which is confirmed in appeal. The Crl.R.P.No.460/2004 3 accused has now come up in revision challenging his conviction and sentence. 5. When the case came up for hearing today, learned counsel for the revision petitioner submitted that half of the cheque amount has already been deposited before the trial court. He requested time to deposit the balance amount. Hence, conviction of the revision petitioner under Section 138 of Negotiable Instruments Act is confirmed. The sentence is modified to the effect that he is sentenced to undergo imprisonment till the rising of court and to pay a compensation of Rs. 62,500/- to the complainant, in default to undergo simple imprisonment for three months. Two month's time is granted for payment of compensation. The amount, if any, deposited by the revision petitioner before the trial court shall be adjusted towards the compensation amount awarded. His bail bonds are cancelled. He shall surrender before the trial court on or before November 30, 2010 to suffer the sentence. P.Q.BARKATH ALI JUDGE sv. Crl.R.P.No.460/2004 4