IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 248 of 2006()
1. SABU SEBASTIAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. SHEEBA MATHEW, W/O.MATHEW,
For Petitioner :SRI.P.BABU KUMAR
For Respondent :SRI.JOMY GEORGE
The Hon'ble MR. Justice V.RAMKUMAR
Dated :08/10/2007
O R D E R
V. RAMKUMAR, J.
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Crl. R.P. No. 248 OF 2006 A
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Dated this the 8th day of October, 2007
O R D E R
In this Revision filed under Section 397 read with Sec. 401
Cr.P.C. the petitioner who was the accused in C.C. No.1349/2002 on
the file of the J.F.C.M.-II(Mobile), Kottayam challenges the conviction
entered and the sentence passed against him for an offence punishable
under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter
referred to as ‘the Act’).
2. I heard the learned counsel for the Revision Petitioner and
the learned Public Prosecutor.
3. The learned counsel appearing for the Revision Petitioner
re-iterated the contentions in support of the Revision. The courts below
have concurrently held that the cheque in question was drawn by the
revision petitioner in favour of the complainant on the drawee bank, that
the cheque was validly presented to the bank, that it was dishonoured
for reasons which fall under Section 138 of the Act, that the
complainant made a demand for payment by a notice in time in
accordance with clause (b) of the proviso to Section 138 of the Act and
that the Revision Petitioner/accused failed to make the payment within
15 days of receipt of the statutory notice. Both the courts have
considered and rejected the defence set up by the revision petitioner
Crl.R.P.No.248/06
: 2 :
while entering the above finding. The said finding has been recorded
on an appreciation of the oral and documentary evidence. I do not find
any error, illegality or impropriety in the finding so recorded concurrently
by the courts below. The conviction was thus rightly entered against
the petitioner.
4. What now survives for consideration is the question as to
whether a proper sentence has been imposed on the Revision
Petitioner. I am, however, inclined to modify the sentence imposed on
the revision petitioner provided he complies with the condition
hereinafter mentioned. Accordingly, if the revision petitioner pays to the
2nd respondent complainant by way of compensation under section 357
(3) Cr.P.C. a sum of Rs.50,000/- (Rupees fifty thousand only) within four
months from today, then he need to undergo only imprisonment till the
rising of the court. If on the other hand, the revision petitioner commits
default in making the payment as aforesaid, he shall undergo simple
imprisonment for three months by way of default sentence. Money, if
any, paid by the revision petitioner pursuant to the orders, if any, passed
by the lower appellate court shall be refunded to the revision petitioner.
This Revision is disposed of confirming the conviction but
modifying the sentence as above.
(V. RAMKUMAR, JUDGE)
aks