Basheer Poolakkunnan vs Veerankutty And Ors

The revision petitioner is the accused in S.T. No. 64/2010 and S.T.No.65/2010 on the files of the trial court. In both the said cases, the revision

petitioner was convicted and sentenced by the courts below under Section 138 of the N.I.Act. Since the transaction which led to the issuance of the

cheques in both the said cases is the same, I am inclined to dispose of these two revision petitions by this common order.

Heard both sides.

The courts below correctly appreciated the oral and documentary evidence in both the said cases and concurrently found that the revision petitioner

executed Ext.P1 cheque in S.T.No.64/2010 and Ext.P1 cheque in S.T.No. 65/ 2010 as contemplated under Section 138 of the N.I.Act and committed

the offence under Section 138 of the N.I.Act.

No material has been brought to the notice of this court to indicate that the appreciation of evidence or the concurrent finding of conviction under

Section 138 of the N.I.Act by the courts below in the above said cases was perverse or incorrect. In the said circumstances, the concurrent finding of

conviction by the courts below under Section 138 of the N.I.Act in the above said cases, does not warrant any interference by this court.

Considering the facts and circumstances of the case, including the amount covered by the respective cheques, I am of5 the view that the sentence

awaded by the appellate court in S.T.No.65/2010 can be modified and reduced to a fine of Rs.1,41,000/-(Rupees One Lakh Forty One Thousand

Only) with a default clause for simple imprisonment for two months and the sentence awarded by the appellate court in S.T.64/2010 can be modified

and reduced to a fine of Rs.1,00,000/- (Rupees One Lakh Only) with a default clause for simple imprisonment for one month to meet the ends of

justice. It is ordered accordingly. If the fine is realised in the above said cases, the entire amount shall be given to the complainant as compensation

under Section 357 (1) (b) Cr.P.C.

In the result, these Criminal Revision Petitions stand disposed of as above.

The revision petitione6r is granted six months to pay the fine/compensation as requested by the learned Counsel for the revision petitioner.

Needless to state that if the revision petitioner had already deposited any amount before the trial court pursuant to the direction of this court, the said

amount shall be released to the complainant as part of the compensation.