High Court Kerala High Court

T.Rasheed vs State Of Kerala on 19 December, 2008

Kerala High Court
T.Rasheed vs State Of Kerala on 19 December, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 4124 of 2008()


1. T.RASHEED, S/O KHALID, PULSARAKATH HOUSE
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. FAISAL, S/O ABDUL AZEEZ, BUSINESS BY

                For Petitioner  :SRI.P.K.RAVISANKAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :19/12/2008

 O R D E R
                    M.SASIDHARAN NAMBIAR, J.
                     ...........................................
                    CRL.R.P.NO. 4124 OF 2008
                     ............................................
     DATED THIS THE            19th       DAY OF DECEMBER, 2008

                                    ORDER

Revision petitioner is the accused and second respondent, the

complainant in C.C.790 of 1997 on the file of Judicial First Class

Magistrate-II, Kannur. Revision petitioner was convicted and

sentenced for the offence under Section 138 of N.I. Act. Petitioner

challenged the conviction and sentence before Sessions Court,

Thalassery. Learned Sessions Judge, on reappreciation of evidence,

confirmed the conviction and sentence and dismissed the appeal. It is

challenged in this revision petition.

2. Learned counsel appearing for revision petitioner was heard.

Learned counsel submitted that in view of the concurrent findings of

the courts below and evidence on record, revision petitioner is not

challenging the conviction but considering the fact that the amount

covered by the dishonoured cheque is only Rs.18,564/-, the sentence

is excessive and it may be modified.

3. On hearing the learned counsel and going through the

judgments of the courts below, I find no reason to interfere with the

conviction or the sentence. Evidence establish that revision petitioner

issued Ext.P1 cheque for Rs.18,564/- in discharge of existing liability

and the cheque was dishonoured for want of sufficient funds and

second respondent had complied with all the statutory formalities

CRRP 4124/2008 2

provided under Section 138 and 142 of N.I.Act. Conviction of revision

petitioner for the offence under Section 138 of N.I.Act is perfectly

legal.

4. Then the question is with regard to the sentence. Learned

Magistrate sentenced petitioner to simple imprisonment for six

months and a compensation of Rs.18,000/- and in default, simple

imprisonment for three months. Learned Sessions Judge confirmed

the sentence. Ext.P1 cheque is only for Rs.18,564/-. Rs.564/- is

admittedly the interest portion. In such circumstances, the sentence

awarded is excessive. Interest of justice will be met, if the sentence is

sufficiently modified

5. Revision petition is allowed in part. Conviction of revision

petitioner for the offence under Section 138 of N.I.Act is confirmed.

Sentence is modified. Revision petitioner is sentenced to

imprisonment till rising of court a fine of Rs.19,000/- and in default

simple imprisonment for two months. On realisation of fine, it shall

be paid to second respondent as compensation under Section 357(1)

of Code of Criminal Procedure. Revision petitioner is granted three

months time to pay the fine. He is directed to appear before the

Magistrate on 20.3.2009.

M.SASIDHARAN NAMBIAR, JUDGE

lgk/-