High Court Kerala High Court

P.Rameshan vs K.Raveendran on 3 July, 2009

Kerala High Court
P.Rameshan vs K.Raveendran on 3 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 2124 of 2009()


1. P.RAMESHAN, AGED 37 YEARS,
                      ...  Petitioner

                        Vs



1. K.RAVEENDRAN, AGED 49 YEARS,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.M.V.AMARESAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :03/07/2009

 O R D E R
                            THOMAS P. JOSEPH, J.
                           --------------------------------------
                             Crl.R.P.No.2124 of 2009
                           --------------------------------------
                     Dated this the 3rd day of July, 2009.

                                        ORDER

Notice to respondent No.1 is dispensed with in view of the order I am

proposing to pass in this revision and which is not prejudicial to him. Public

Prosecutor takes notice for respondent No.2.

2. Petitioner faced trial in the court of learned Judicial First Class

Magistrate-I, Hosdurg in C.C.No.1161 of 2006 for offence punishable under

Section 138 of the Negotiable Instruments Act (for short, “the Act”). Case arose

on a private complaint preferred by respondent No.1 alleging that petitioner

borrowed Rs.2,20,000/- from him and for repayment of that amount issued

Ext.P1, cheque dated 10.7.2006. That cheque was presented for encashment

but it was returned on 12.7.2006 for insufficiency of funds. Dishonour of the

cheque for the said reason is proved by Exts.P2 and P3. Respondent No.1

issued notice to the petitioner. Notice was issued in the residential address as

well as the place of business of petitioner. Issue and service of notice on both

addresses are proved by Exts.P4 to P8. Finding of the courts below regarding

cause of dishonour and service of notice are not challenged before me

3. Respondent No.1 gave evidence as PW1 and stated about the

transaction leading to the execution of cheque. According to the petitioner, he

was a dealer in amway products. Respondent No.1 advanced money to him for

Crl.R.P.No.2124/2009

2

supply of products. He gave signed blank cheque as security. He supplied the

products to respondent No.1 but the latter returned it claiming that it is of low

quality. Respondent No.1 asked him to return the money advanced.

Respondent No.1 has filled up the cheque for Rs.2,20,000/- and presented the

same.

4. Though petitioner has raised a contention how else the cheque

happened to be in the custody of respondent No.1 that remained a mere

suggestion to respondent No.1 which he denied. There is no evidence to show

that respondent No.1 had placed orders for supply of products or that petitioner

supplied the same to respondent No.1. On the other hand evidence on record is

that petitioner borrowed the amount from respondent No.1 and for repayment of

that amount issued the cheque. Petitioner did not reply to the notice served on

him. Courts below considered the evidence and found in favour of due

execution of the cheque. I do not find reason to interfere with that finding.

5. Learned magistrate sentenced petitioner to undergo simple

imprisonment for one year. Petitioner was directed to pay Rs.2,20,000/- as

compensation to respondent No.1 and in default of payment to undergo

simple imprisonment for four months. Appellate court modified substantive

sentence as simple imprisonment till rising of the court and converted

compensation into fine of Rs.2,20,000/-. Default sentence of imprisonment for

three months was also provided. Having regard to the nature of the offence

and the amount involved there is little reason to interfere with the sentence as

modified by the appellate court, at the instance of the petitioner.

Crl.R.P.No.2124/2009

3

6. Learned counsel for petitioner requested six months’ time to

deposit fine in the trial court. Having regard to the difficulties expressed by the

petitioner and the amount involved I am inclined to grant time to the petitioner

till 30.12.2009 to deposit fine in the trial court.

Resultantly this revision fails. It is dismissed. Petitioner is granted time till

30.12.2009 to deposit fine in the trial court. Petitioner shall appear in the trial

court on 31.12.2009 to receive the sentence.

THOMAS P.JOSEPH,
Judge.

cks