IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 Crl.Rev.Pet.No. 3628 of 2008() ------------------------------ CRA.476/2005 of 1 ADDL. SESSIONS COURT, THRISSUR ST.180/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... PETITIONER(S): APPELLANT:ACCUSED: ----------------------------------------------------------- V.S.PREMLAL, S/O.SREEDHARAN, VADAKKUNCHERY HOUSE, ENGANDIYUR P.O., THRISSUR. BY ADV. SRI.K.N.PADMAKUMAR RESPONDENT(S): RESPONDENTS:COMPLAINANT & STATE: ----------------------------------------------------------------------------------------- 1. USHAKUMARI, D/O.SUBRAMANIAN, PULIYATH PARAMBIL HOUSE, NADAVARAMBU DESOM, VELOOKARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.U.O.JOSE FOR R1 BY PUBLIC PROSECUTOR SRI.C.M. NAZAR – R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01/12/2008 ALONG WITH CRRP.NO.3629 OF 2008 AND CRRP.NO. 3630 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO.3628,3629 & 3630 OF 2008 =========================== Dated this the 1st day of December,2008 ORDER Revision petitioner is the accused in S.T.180/2004, S.T.176/2004 & S.T.191/2004 which were taken cognizance on the complaint filed respectively by first respondent therein contending that towards the repayment of Rs.8,280/- due from the revision petitioner on account of the final settlement of kuri transaction Ext.P1 cheque for Rs.8,280/- was issued by revision petitioner drawn in his account maintained in Pullur Service Co- operative Bank Ltd and the cheque when presented for encashment was dishonoured for want of sufficient funds and inspite of Ext.P3 notice petitioner did not pay the amount and thereby committed the offence under section 138 of Negotiable Instruments Act. In S.T.176/2004 first respondent therein lodged the complaint raising a similar contention that towards settlement of the CRRP3628,3629 & 3630 of 2008 2 chitty transaction conducted by revision petitioner, by name Thampuran Finance and Kuries, Ext.P1 cheque for Rs.8,280/- was drawn in his account maintained in the same Bank. When presented for encashment it was dishonoured under Ext.P2 for want of sufficient funds and inspite of Ext.P3 notice petitioner did not pay the amount and thereby committed the offence under section 138 of Negotiable Instruments Act and S.T.191/2004 first respondent therein lodged the complaint contending that towards the full and final settlement of the amount due to first respondent under the chitty revision petitioner issued Ext.P1 cheque for Rs.8,280/- drawn in the same bank. When the cheque was presented it was dishonoured under Ext.P2, for want of sufficient funds and inspite of Ext.P3 notice demanding the amount petitioner did not pay the same and thereby committed the offence under section 138 of Negotiable Instruments Act. Petitioner pleaded not guilty in all the cases. First respondent in each of the cases was examined as PW1 and Exts.P1 to P6 were marked. Revision CRRP3628,3629 & 3630 of 2008 3 petitioner was examined as DW1 in each of the cases. Learned Magistrate on the evidence found the petitioner guilty. He was convicted and sentenced to simple imprisonment for two months and a compensation of Rs.8280/- and in default simple imprisonment for ten days. Petitioner challenged the conviction and sentence respectively in Crl.A.475/2005, 474/2005 and 472/2005 before Addl Sessions Court, Thrissur . Learned Sessions Judge on reappreciation of evidence confirmed the conviction in all the cases but modified the substantive sentence to simple imprisonment for fifteen days, confirming the compensation. Crl.R.P.3628/2008, 3629/2008 and 3630/2008 were respectively filed challenging the conviction and sentence in S.T.180/2004,176/2004 and 191/2004. 2. Learned counsel appearing for revision petitioner was heard. 3. Learned counsel submitted that revision petitioner is not challenging the conviction and sought three months time to pay the amount covered by the dishonoured cheques and also sought CRRP3628,3629 & 3630 of 2008 4 reducing the substantive sentence. 4. First respondent has already appeared in the respective revisions on service of notice for condonation of delay in filing the revisions. 5. On going through the judgments of the courts below, I find no reason to interfere with the factual findings, which are in accordance with the evidence. Evidence establish that the respective amount covered by the respective dishonoured cheques, were due from the revision petitioner to first respondent on account of the settlement of Chitty. Evidence also establish that the cheques were dishonoured for want of sufficient funds. It is also proved that first respondent in each of the cases, had complied with all the statutory formalities provided under section 138 and 142 of Negotiable Instruments Act. Conviction of revision petitioner for the offence under section 138 of Negotiable Instruments Act is perfectly legal. 6. Then the only question is regarding the sentence. Considering the entire facts and CRRP3628,3629 & 3630 of 2008 5 circumstances of the case, interest of justice will be met, if the sentence is modified to imprisonment till rising of court and a fine of Rs.10,000/- each and in default simple imprisonment for one month on realisation of fine ofRs.8500/- is to be paid to the respective first respondent as compensation. Revisions are allowed in part. Conviction of the revision petitioner for the offence under section 138 of Negotiable Instruments Act in each of the cases is confirmed. Sentence is modified in each of the cases as follows:- Petitioner is sentenced to imprisonment till rising of court and a fine of Rs.10,000/- and in default simple imprisonment for one month. On realisation of fine Rs.8500/- to be paid to first respondent. Petitioner is granted three months time to pay the fine. He is directed to appear before the Judicial First Class Magistrate, Irinjalakuda in all the cases on 3.3.2009. M.SASIDHARAN NAMBIAR JUDGE tpl/- CRRP3628,3629 & 3630 of 2008 6 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006