High Court Kerala High Court

K.R.Hiranmai Devi vs C.Satheesh Kumar on 19 September, 2008

Kerala High Court
K.R.Hiranmai Devi vs C.Satheesh Kumar on 19 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 3234 of 2008()


1. K.R.HIRANMAI DEVI,
                      ...  Petitioner

                        Vs



1. C.SATHEESH KUMAR, S/O.CHELLAPPAN NADAR,
                       ...       Respondent

2. STATE OF KERALA,

                For Petitioner  :SRI.C.K.MOHANAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :19/09/2008

 O R D E R
                 M.SASIDHARAN NAMBIAR, J.
                   ...........................................
                 CRL.R.P.NO. 3234 OF 2008
                  ............................................
     DATED THIS THE         19th       DAY OF SEPTEMBER, 2008

                                  ORDER

Petitioner was convicted concurrently for the offence under

Section 138 of N.I.Act. Learned Magistrate sentenced her to

simple imprisonment for four months in addition to a

compensation of Rs.1,58,000/-. In appeal, learned Sessions

Judge modified the sentence to imprisonment till rising of court

and a fine of Rs.1,50,000/- and in default, simple imprisonment

for three months. The revision is filed challenging the conviction

and sentence.

2. Learned counsel appearing for petitioner was heard. The

argument of learned counsel is that the cheque was not issued

towards the repayment of an existing liability and courts below

did not properly appreciate the evidence and in such

circumstances, conviction and sentence is not sustainable. It

was also argued that in any case the sentence awarded is

excessive and considering the financial conditions of petitioner,

reasonable time of six months is to be granted for payment of the

fine amount.

3. The learned Magistrate and learned Sessions Judge, on

CRRP 3234/2008 2

appreciation of evidence of first respondent as PW1 with Exts.P1

to P8 found that Ext.P1 cheque was issued by petitioner towards

discharge of pre-existing liability and when the cheque was

presented for encashment, it was dishonoured for want of

sufficient funds. Petitioner, when questioned under Section 313

of Code of Criminal Procedure contended that she borrowed only

Rs.25,000/- and at that time issued a blank cheque and making

use of the blank cheque, Ext.P1 cheque was created and got it

dishonoured and complaint was filed and therefore she has not

committed the offence. Learned Magistrate and learned

Sessions Judge found that there is no reason to disbelieve the

evidence of PW1 and the case of petitioner that she had issued a

blank cheque is not substantiated.

4. On going through the judgments of courts below, I do not

find any reason to interfere with the factual findings of courts

below that Ext.P1 cheque was issued towards discharge of

existing liability.

5. The fact that Ext.P1 cheque was presented within the

statutory period and it was dishonoured for want of sufficient

funds and first respondent sent a notice demanding the amount

covered by the cheque within the statutory period and petitioner

CRRP 3234/2008 3

did not pay the amount in spite of the notice are conclusively

proved by evidence. Therefore conviction of petitioner for the

offence under Section 138 of N.I Act is perfectly correct and

warrants no interference.

6. Then the only question is with regard to the sentence.

Learned Sessions Judge modified the sentence to imprisonment

till rising of court in addition to a fine of Rs.1,50,000/- which

exactly is the amount covered by the cheque. In such

circumstances, I do not find any reason to interfere with the

sentence also. Learned counsel then submitted that because of

financial conditions petitioner may be granted six months time to

pay the fine amount. Considering the circumstances pointed out

by learned counsel, petitioner is granted six months time to pay

the fine amount.

Revision is disposed, confirming the conviction and

sentence but granting six months time to pay the fine amount.

M.SASIDHARAN NAMBIAR, JUDGE

lgk/-