IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 Crl.Rev.Pet.No. 1088 of 2000() -------------------------------------------- CRL.A.29/95 OF SESSIONS COURT, WYNAND CC 91/92 OF JUDL.FIRST CLASS MAGISTRATE, MANANTHAVADY ................... REVISION PETITIONER:APPELLANT:ACCUSED: ----------------------------------------------------------------------- K.K.MOHANAN, KOOMPUZHA HOUSE, PANAMARAM P.O., MANANTHAVADY TALUK. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS:RESPONDENTS:COMPLAINANT:STATE: ---------------------------------------------------------------------------------- 1. M/S. WAYANAD ENGINEERING AGENCIES, MYSORE ROAD, MANANTHAVADI, THROUGH ITS PROPRIETOR P.P.RAJAN, S/O.P.P.SIVARAMAN. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.M.P.MOHAMMED ASLAM FOR R1 BY PUBLIC PROSECUTOR SRI. K.C. SANTHOSHKUMAR – R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON CRL.M.P.NO.5795/2000 IN CRL.R.P.NO.1088/2000 DISMISSED 24/09/2008 SD/- THOTTATHIL B.RADHAKRISHNAN,JUDGE /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- Crl.R.P.No.1088 OF 2000 ------------------------------------------- Dated this the 24th day of September, 2008 O R D E R The revision petitioner stands convicted and sentenced for offence punishable under Section 138 of the Negotiable Instruments Act. In appeal, the court of session confirmed the conviction, but modified the sentence of imprisonment and fine imposed by the court of first instance and reduced the amount of compensation. 2. The allegation against the accused is that he purchased pump set, engine, pipes etc. from the complainant's firm and for the balance sale price, issued Ext.P2 cheque dated 11.11.1991 for an amount of Rs.67,554/- and that on proceeding, the said cheque was dishonoured on 29.1.1992. Following issuance of notice, the complaint was filed. 3. The defence set up by the accused was that he owned no liability and that the case was falsely foisted on him. However, Crl.RP.1088/00 Page numbers he did not adduce any evidence except placing a receipt (Ext.D1) on record. 4. PW2, the complainant, gave evidence in support of the allegations. The Bank Manager was examined and all necessary ingredients of Section 138 of the Negotiable Instruments Act was established. Ext.D1 could not, obviously, have been relied on by the courts below since that was, essentially, after the issuance of the cheque and there is no case for the accused that there were no other transactions with the complainant. The findings being proper, I do not find any ground to interfere with the order of conviction. However having regard to the submissions made, the sentence calls for interference. In the result, in modification of the sentence imposed by the courts below, it is ordered that: (i) The revision is allowed in part. (ii) The finding of guilt and the conviction are confirmed. Crl.RP.1088/00 Page numbers (iii) The sentence imposed by the courts below on the revision petitioner is vacated. In supersession thereof, the revision petitioner/accused is sentenced: (a) to undergo imprisonment till rising of the court, for a day; (b) to pay fine of Rs.5,000/- and in default of that, to suffer simple imprisonment for 15 days; and (c) to pay compensation of Rs.65,000/- to the complainant. Any amount already deposited in terms of the interim orders will be given due credit to against the compensation. (d) Fine, on recovery, is to be released to the complainant as compensation. The learned Magistrate shall take necessary steps for execution of the modified sentence hereby imposed. The revision Crl.RP.1088/00 Page numbers petitioner shall appear and his sureties shall produce him before the Judicial Magistrate of First Class, Mananthavadi on 28.11.2008 to suffer the sentence, with proof of having satisfied the payment of compensation. Needless to say, the learned Magistrate shall take necessary action against the revision petitioner and his sureties under Section 446 Crl.P.C., if he does not appear as directed above. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb. Crl.RP.1088/00 Page numbers ======================= THOTTATHIL B. RADHAKRISHNAN, J Crl.R.P.No.1088/00 O R D E R 24TH SEPTEMBER, 2008. =======================