High Court Kerala High Court

P.Ravindran vs K.Basanth on 22 January, 2009

Kerala High Court
P.Ravindran vs K.Basanth on 22 January, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 4015 of 2008()


1. P.RAVINDRAN, S/O.PONNAN, AGED 44,
                      ...  Petitioner

                        Vs



1. K.BASANTH, S/O.NANNIKUTTY AMMA,
                       ...       Respondent

2. STATE OF KERALA REPRESENTED BY

                For Petitioner  :SRI.JACOB SEBASTIAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :22/01/2009

 O R D E R
              M.SASIDHARAN NAMBIAR,J.

              ------------------------------------------
               CRL.R.P.NO.4015 OF 2008
              ------------------------------------------

              Dated       222nd January 2009


                           O R D E R

Revision petitioner is the accused and first

respondent, the complainant in C.C.79/2003 on the file

of Judicial First Class Magistrate, Kunnamkulam.

Revision petitioner was convicted for the offence

under Section 138 of Negotiable Instruments Act and

sentenced to simple imprisonment for one year and to

pay Rs.3,00,000/- as compensation and in default

simple imprisonment for one month. Revision petitioner

challenged the conviction before Sessions

court,Thrissur in Crl.A.239/2006. Learned Additional

Sessions Judge on re-appreciation of evidence

confirmed the conviction and sentence and dismissed

the appeal. It is challenged in this revision.

2. Learned counsel appearing for revision

petitioner was heard.

3. Learned counsel appearing for revision is

challenging the conviction only on the ground that

Judicial First Class Magistrate, Kunnumkulam has no

CRRP 4015/08
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jurisdiction to try the offence. Argument of learned

counsel is that as admitted by the first respondent his

permanent address is at Madras and transaction had taken

place at Madras and therefore, Judicial First Class

Magistrate, Kunnumkulam has no jurisdiction to try the

offence. Learned counsel made available copy of

deposition of first respondent as PW1. Evidence of PW1

shows that he admitted that his permanent address is at

Madras. But it is his specific case that during the

period when Ext.P1 cheque was issued, he was residing at

Guruvayur at his daughter’s house. More over, it is

specific case of revision petitioner that Ext.P1 cheque

was issued by revision petitioner from his house at

Palakkad and first respondent presented the cheque at

the place where he was residing at that time and when it

was dishonoured for want of sufficient funds it was

demanded by sending notice from there. When one of the

five components for constituting an offence under

Section 138 of Negotiable Instruments Act had taken

place within the jurisdiction of Judicial First Class

Magistrate, Kunnumkulam, learned Magistrate has

definitely the jurisdiction to try the offence. Hence, I

find no reason to interfere with the conviction on that

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ground.

4. Judgments of courts below establish that

revision petitioner borrowed Rs.3,00,000/- from first

respondent for his film business and subsequently

towards its repayment issued Ext.P1 cheque which was

dishonoured for want of sufficient funds, when

presented for encashment. It is also proved that first

respondent had complied with all statutory formalities

provided under Sections 138 and 142 of Negotiable

Instruments Act. In such circumstance, conviction of

revision petitioner for the offence under Section 138

of Negotiable Instruments Act is perfectly legal.

5. Then the question is regarding the sentence.

Learned Magistrate awarded a substantive sentence of

simple imprisonment for one year in addition to

compensation of Rs.3,00,000/-. So long as the

sentence is not altered or modified against the

interest of first respondent, it is not necessary to

issue notice to first respondent. As per sentence

awarded by courts below first respondent is entitled to

compensation of Rs.3,00,000/-. Considering the entire

facts and circumstances of the case, interest of justice

will be met, if sentence is modified to imprisonment

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till rising of court and fine with a direction to pay

compensation on realisation of fine to first respondent.

6. Revision is allowed in part. Conviction of

revision petitioner for the offence under Section 138 of

Negotiable Instruments Act is confirmed. Sentence is

modified. Revision petitioner is sentenced to

imprisonment till rising of court and a fine of

Rs.3,10,000/- and in default simple imprisonment for

three months. On realisation of fine Rs.3,00,000/- is

to be paid to first respondent as compensation under

Section 357(1)(b) of Code of Civil Procedure.

Revision petitioner is granted two months time to

pay the fine. Revision petitioner is directed to appear

before Judicial First Class Magistrate, Kunnamkulam on

23/3/2009.

M.SASIDHARAN NAMBIAR,
JUDGE.

uj.