IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 28.10.2011 CORAM THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.R.C.No.1410 of 2008 K.Kunjappan .. Petitioner Vs N.Muthusamy .. Respondent Prayer: Criminal Revision filed against the judgment of conviction dated 26.09.2008 made in C.A.No.63/2008 on the file of the First Additional Sessions Court, Erode, confirming the sentence to ten months simple imprisonment with fine of Rs.2,000/- in default to undergo two months simple imprisonment imposed in the judgment dated 12.10.2007 made in C.C.No.26/2007 on the file of the Judicial Magistrate No.III, Erode. For Petitioner : Mr.N.Manokaran For Respondent : Mr.V.Ayyadurai O R D E R This revision arises against the judgment of the learned First Additional Sessions Judge, Erode, passed in C.A.No.63/2008 on 26.09.2008. 2. The petitioner faced prosecution for offence under Section 138 of the Negotiable Instruments Act in C.C.No.26/2007 on the file of the Judicial Magistrate No.III, Erode. The prosecution case was that the petitioner borrowed a sum of Rs.2,00,000/- from the respondent on 15.08.2006 to meet his family expenses, agreeing to repay the said amount with interest at 12% per annum. Towards discharge of the said debt, the petitioner issued a postdated cheque drawn on Federal Bank Limited, Erode dated 17.11.2006 in a sum of Rs.2,00,000/-. The complainant presented the cheque for collection on 17.11.2006 and upon the same having returned for the reason "account closed", followed the procedure under Section 138 of the Negotiable Instruments Act. 3. Before the trial Court, the respondent examined himself and marked 4 exhibits. None were examined on behalf of the defence and no exhibits were marked. https://hcservices.ecourts.gov.in/hcservices/ 4. On appreciation of evidence, the trial Court entered upon a finding of conviction and sentenced the petitioner to undergo simple imprisonment for 10 months and fine of Rs.2,000/-in default 2 months simple imprisonment. Against the same, the petitioner moved a revision in C.A.No.63/2008, which came to be dismissed by the learned First Additional District Judge, Erode. There against this revision. 5. Heard, Mr.N.Manokaran, learned counsel for the petitioner and Mr.V.Ayyadurai, learned counsel for the respondent. 6. On perusal of the records and on consideration of the facts and circumstances of the case, this Court is quite convinced that the finding of conviction arrived at by the Courts below are well justified. A proper prosecution stands laid for offence under Section 138 of the Negotiable Instruments Act and duly has resulted in the conviction of the petitioner. This Court finds no reason to interfere with the finding of the Courts below. 7. However, taking into consideration, the submission of the learned counsel for the petitioner that the petitioner has committed default in repayment of the cheque because he was not possessed of funds and even as on date, the petitioner is in poor financial health, this Court, following the decision of the Hon'ble Apex Court in K.A.Abbas H.S.A v. Sabu Joseph and Another [(2010) 6 SCC 230], directs the petitioner to pay compensation within the period stipulated by this Court and to undergo imprisonment in default of payment thereof. 8. Accordingly, this Court, while confirming the finding of conviction entered by the Courts below, alters the sentence imposed upon the petitioner to one requiring him to pay compensation in a sum of Rs.2,00,000/- within three months from the date of this order. In the event of the petitioner failing to do so, he shall suffer simple imprisonment for a period of two months. 9. With the above direction, this revision stands disposed of. Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar jvm https://hcservices.ecourts.gov.in/hcservices/ To 1. First Additional Sessions Court, Erode. 2. The Judicial Magistrate No.III, Erode + One CC to M/S.N.Manokaran, Advocate Sr.65260 + One CC to M/S.V.Ayyadurai, Advocate Sr.65283 Crl.R.C.No.1410 of 2008 RK(CO) DRL : 11/11/2011 https://hcservices.ecourts.gov.in/hcservices/