IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 Crl.Rev.Pet.No. 118 of 2009() ------------------------------------ CRA.821/2007 of SESSIONS COURT, TRIVANDRUM CC.155/2005 of JUDICIAL FIRST CLASS MAGISTRATE COURT-V, NEYYATTINKARA .................... REVN. PETITIONER/APPELLANT/ACCUSED ------------------------------------------------------------------- P.SIMON, SMITHA BHAVAN, KALLUVILA, MAVILAKKADAVU, VENKADAMBU, UCHAKKADA P.O. BY ADV. SRI.G.SUDHEER RESPONDENTS/ RESPONDENTS/ COMPLAINANT & STATE -------------------------------------------------------------- 1. G.SOMAN, S/O.GOPALAN, KUZHIVILA MELE VEEDU, KULATHOOR, VENKADAMPU, UCHAKKADA P.O., NEYYATTINKARA. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR,J. ------------------------------------------------- CRL.R.P.No.118 OF 2009 -------------------------------------------------- Dated this the 23rd day of January, 2009 O R D E R Revision petitioner is the accused and first respondent the complainant in C.C.155 of 2005 on the file of Judicial First Class Magistrate-V, Neyyattinkara. Revision petitioner was convicted and sentenced for the offence under section 138 of Negotiable Instruments Act. Revision petitioner challenged the conviction before Sessions Court, Thiruvananthapuram in Crl.Appeal 821 of 2007. Learned Sessions Judge on reappreciation of evidence confirmed the conviction but modified the sentence to imprisonment till rising of Court and fine of Rs.1,55,000/- and in default simple imprisonment for six months with a direction to pay the fine on realisation to first respondent as compensation under section 357(1) (b) of Code of Criminal Procedure. Revision is filed challenging the conviction and sentence. 2. Learned counsel appearing for revision petitioner was heard. CRRP 118/2009 2 3. Learned counsel submitted that in view of the evidence on record and the concurrent findings of fact revision petitioner is not challenging the conviction, but he may be granted three months' time to pay the fine as directed by the learned Sessions Judge. 4. On going through the judgments of the Courts below, I find no reason to interfere with the conviction. Evidence of PW1 establish that revision petitioner borrowed Rs.1,50,000/- on 4.2.2002 and towards its repayment issued Ext.P1 cheque dated 28.5.2007, which was dishonoured for want of sufficient funds when presented for encashment. Though revision petitioner disputed his signature, Courts below rejected the case based on the evidence of PW1. Though it was also contended that being a joint account, the cheque signed by the revision petitioner alone could not have been encashed, evidence of DW1, the Manager of the bank, establish that there is no bar for operation of the account by one of the joint account holders. Moreover, the dishonour was not for the reason that cheque was signed by only one of the joint account holders. Evidence also establish that first respondent had complied with all statutory formalities CRRP 118/2009 3 provided under section 138 and 142 of Negotiable Instruments Act. Conviction of the revision petitioner for the offence under section 138 of Negotiable Instruments Act is perfectly legal. 5. Then the only question is regarding the sentence. Learned Sessions Judge modified the sentence to imprisonment till rising of Court and fine with a direction to pay the fine on realisation to first respondent as compensation. The fine awarded is only Rs.5,000/- in excess of the amount covered by the dishonoured cheque, issued in 2002. In such circumstances I find no reason to interfere with the sentence also. Revision is dismissed. Revision petitioner is granted three months time to pay the compensation. Revision petitioner is directed to appear before Judicial First Class Magistrate-V, Thiruvananthapuram on 24.4.2009. M. SASIDHARAN NAMBIAR, JUDGE okb