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. 708 of 2000() ----------------------------- CRA.331/1998 of SESSIONS COURT, THRISSUR CC.305/1997 of JUDICIAL FIRST CLASS MAGISTRATE COURT,CHAVAKKAD .................... APPELLANT:APPELLANT:ACCUSED: ------------------------------------------------------- P.L.JOY, S/O.LAZAR, PULIKKOTTIL HOUSE, HOSPITAL ROAD, CHAVAKKAD. BY ADV. SRI.N.J.JOHNSON RESPONDENTS:RESPONDENTS:COMPLAINANT: ------------------------------------------------------------------------ 1. E.V.SAIDALY, CHINAPPULLY HOUSE, PILLAKKAD, P.O.KOTTAPPADY, THRISSUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.RAJIT 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.3880/2000 IN CRL.R.P.NO.708/2000 DISMISSED 24/09/2008 SD/- THOTTATHIL B.RADHAKRISHNAN,JUDGE /TRUE COPY/ P.S.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- Crl.R.P.No.708 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 on the allegation that he issued a cheque for Rs.75,000/- to the complainant for the discharge of a legally enforceable debt and that on presentation, that cheque was dishonoured due to insufficiency of funds and that on notice of intimation of such dishonour, the accused did not pay the amount covered by the cheque. The sentence imposed on him by the court of first instance was modified by the court of session by reducing the sentence of imprisonment to be for 7 days and enhancing the compensation amount. 2. The court of first instance heard the version of the complainant as PW1 and the Managers of the Drawee and Collecting Banks as PWs.2 and 3. Exts.P1 to P7 were taken on record, which include the cheque, notice of return and other Crl.RP.708/00 Page numbers relevant materials in terms of the statutory provision. The defence version projected under Section 313 Cr.P.C. was that the cheque was not given by the revision petitioner to the complainant. The courts below did not find any such material being brought out even during the cross examination of the witnesses. I do not find any jurisdictional error in the findings of the courts below and the orders holding the petitioner guilty. However, having regard to the nature of the transaction, 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. (iii) The sentence imposed by the courts below on the revision petitioner is vacated. In supersession thereof, the revision petitioner/accused is sentenced: Crl.RP.708/00 Page numbers (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.75,000/- 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 petitioner shall appear and his sureties shall produce him before the Judicial Magistrate of First Class, Chavakkad on 28-11-2008, with proof of having satisfied the payment of compensation, to Crl.RP.708/00 Page numbers suffer the sentence. 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.708/00 Page numbers ======================= THOTTATHIL B. RADHAKRISHNAN, J Crl.R.P.No.708/00 O R D E R 24TH SEPTEMBER, 2008. =======================