IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 Crl.Rev.Pet.No. 3417 of 2008() ------------------------------ CRA.992/2006 of SESSIONS COURT, THIRUVANANTHAPURAM ST.288/2006 of JUDL. FIRST CLASS MAGISTRATE COURT-VI, THIRUVANANTHAPURAM .................... REVN. PETITIONER(S)/APPELLANT/ACUSED: --------------------- SATHYANESAN, S/O. KRISHNAN NADAR, RAJA MOTOR DRIVING SCHOOL, NEAR KATTAKADA POLICE CIRCLE OFFICE, KATTAKADA, THIRUVANANTHAPURAM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESHKUMAR RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE: ------------------------------------- 1. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. VIMAL JAIN, SANTHI DEVI INVESTMENT NO.13, CHANDRAPPAN MUDALI STREET, SOWCARPED, CHENNAI.79. PUBLIC PROSECUTOR SRI. C.M. KAMMAPPU FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 21/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------ CRL.R.P. NO. 3417 OF 2008 ------------------------------------------ Dated this the 21st day of October, 2008 O R D E R Petitioner was concurrently convicted and sentenced for the offence under section 138 of Negotiable Instruments Act. Second respondent lodged a complaint alleging that petitioner borrowed Rs.90,000/- and issued Ext.P1 cheque towards its repayment and when the cheque was presented for encashment, it was dishonoured under Ext.P2 for want of sufficient funds and he sent Ext.P4 notice demanding the amount covered by Ext.P1 cheque, which was received by the petitioner under Ext.P8, but failed to pay the amount and thereby committed the offence under section 138 of N.I. Act. Petitioner pleaded not guilty. Judicial First Class Magistrate, Thiruvananthapuram on the evidence of PW1 and Exts.P1 to P8 found the petitioner guilty. He was sentenced to simple imprisonment for four months and a compensation of Rs.90,000/- and in default simple imprisonment for one month for the offence under section 138 of N.I. Act. Petitioner challenged the sentence before Sessions Court, Thiruvananthapuram in Crl. Appeal 992 of 2006. Learned CRRP 3417/08 2 Sessions Judge on reappreciatoin of evidence confirmed the conviction but modified the sentence to imprisonment till rising of the Court and a fine of Rs.90,000/- and in default simple imprisonment for four months with a direction to pay the fine on realisation to second respondent as compensation under section 357(1) of Code of Criminal Procedure. Revision is filed challenging the conviction and sentence. 2. Learned counsel appearing for petitioner was heard. 3. Learned counsel for petitioner argued that petitioner is not challenging the conviction and is seeking only time for payment of the fine as awarded by the learned Sessions Judge. 4. Learned Magistrate and the learned Sessions Judge appreciated the evidence in the proper perspective and found that Ext.P1 cheque was issued towards repayment of the amount borrowed earlier. Evidence also establish that the cheque was dishonoured for want of sufficient funds and second respondent has complied with all the statutory formalities provided under sections 138 and 142 of N.I.Act. Conviction of the petitioner for the offence under section 138 of N.I.Act is perfectly legal. 5. Then the only question is with regard to the sentence. Learned Sessions Judge modified the sentence to imprisonment CRRP 3417/08 3 till rising of the Court and a fine for the amount covered by the dishonoured cheque. In such circumstances sentence is also reasonable and warrants no interference. 6. Learned counsel submitted that because of the poor financial conditions of the petitioner it is not possible for him to pay the amount immediately and therefore reasonable time may be granted. Petitioner is granted four months time from today to pay the fine. Revision is dismissed. Petitioner is directed to appear before Judicial First Class Magistrate-VI, Thiruvananthapuram on the expiry of four months from today. M. SASIDHARAN NAMBIAR, JUDGE Okb/-