IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 3578 of 2008()
1. PRASANNA HUDSON, RESIDING AT GANDHI
... Petitioner
Vs
1. RAJAPADMAM.S. S/O.NARAYANAPILLAI,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.R.S.KALKURA
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :07/11/2008
O R D E R
M.SASIDHARAN NAMBIAR,J.
CRL.R.P. NO.3578 OF 2008
Dated, this the 7th day of November,2008
ORDER
Petitioner is the accused and first respondent
the complainant in S.T.297/2006on the file of
Judicial First Class Magistrate,
Thiruvananthapuram. Case of the first respondent
was that petitioner borrowed Rs.75,000/- and
towards its repayment issued Ext.P1 cheque dated
6.8.2003 drawn in his account maintained in
Vazhuthacaud Branch of State Bank of Travancore
and when the cheque was presented, under Ext.P2 it
was dishonoured and inspite of Ext.P3 notice,
served on the petitioner under Ext.P5,demanding the
amount covered by the dishonoured cheque it was not
paid and petitioner thereby committed the offence
under section 138 of Negotiable Instruments Act.
Petitioner pleaded not guilty. First respondent
was examined as PW1 and Exts.P1 to P6 were marked.
Petitioner did not adduce evidence. Learned
CRRP 3578/2008 2
Magistrate on the evidence found him guilty and
convicted and sentenced to simple imprisonment for
six months and a fine of Rs.75,000/- and in default
simple imprisonment for three months. Petitioner
challenged the conviction before Sessions Court,
Thiruvananthapuram in Crl.A.168/2007. Learned
Sessions Judge on reappreciation of evidence
confirmed the conviction but modified the sentence
to imprisonment till rising of court and a fine of
Rs.75,000/- and in default simple imprisonment for
three months. On realization of fine, it was
directed to be paid to first respondent as
compensation. Conviction and sentence is challenged
in this revision.
2. Learned counsel appearing for petitioner was
heard.
3. The argument of the learned counsel is that
courts below did not properly appreciate the
evidence and relying on the solitary evidence of
PW1, petitioner should not have been convicted. It
is also submitted that if the conviction and
CRRP 3578/2008 3
sentence is to be confirmed petitioner may be
granted time to pay the fine.
4. Learned Magistrate and learned Sessions
Judge considered the evidence of PW1 in the light
of the defence taken. What was contended by the
petitioner was that Ext.P1 cheque was issued as a
blank cheque and that too as security of
Rs.15,000/- borrowed from Vijayan by the husband of
the petitioner and it was not issued to first
respondent towards repayment of the loan. On
going through the judgments of the courts below
apart from the suggestion that Ext.P1 cheque was
issued as a blank cheque and that too to one
Vijayan, from whom husband of the petitioner
borrowed the amount, no evidence was adduced. The
evidence of PW1 establishes that Ext.P1 cheque was
issued towards repayment of Rs.75,000/- borrowed
by the petitioner. In such circumstance, I find no
reason to interfere with the factual findings of
the courts below that Ext.P1 cheque was issued
towards repayment of the amount borrowed.
CRRP 3578/2008 4
Evidence establish that Ext.P1 cheque was
dishonoured for want of sufficient funds. It is
also proved that first respondent complied with
all the statutory formalities provided under
section 138 and 142 of Negotiable Instruments Act.
Conviction of the petitioner for the offence under
section 138 is perfectly legal.
5. Then the only question is with regard to
the sentence. Learned Sessions Judge modified the
sentence to imprisonment till rising of the court,
in addition to fine which was only for the amount
covered by the dishonoured cheque. In such
circumstance, no interference is warranted in the
sentence also. Revision Petition is dismissed.
Petitioner is granted three months time from today
to pay the fine.
M.SASIDHARAN NAMBIAR
JUDGE
Tpl/-
CRRP 3578/2008 5
OF 2008
===========================Dated this the day of November,2008
ORDER
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006