Devaki vs Chandran and State of Kerala

M.L. Joseph Francis, J.—This Criminal revision Petition is filed by the accused in C.C. No.187 of 2010 on the file of the Judicial First Class Magistrate Court, Pattambi challenging the conviction and sentence imposed on him u/s 138 of the Negotiable Instruments Act (in short ''the NI Act''). The cheque amount was Rs. 1,50,000/-. The trial court convicted the accused u/s 138 of the NI Act and he was sentenced to undergo simple imprisonment till rising of the Court and to pay a fine of Rs. 1,55,000/- and in default of payment of fine, the accused was sentenced to undergo simple imprisonment for one month. If fine amount is paid the cheque amount of Rs. 1,50,000/- shall be given to the complainant as compensation u/s 357(1) of the Code of Criminal Procedure. Against that conviction and sentence the accused filed Criminal Appeal No.2 of 2012 before the Additional Sessions Court, Palakkad, which was dismissed. Against that judgment, the appellant/accused filed this Revision Petition.

Heard the learned counsel for the revision petitioner and the learned Public Prosecutor. The learned counsel for the revision petitioner raised the same contentions raised before the trial court and court below. Both the courts below rejected the contentions by giving cogent reasons. Therefore, I find no reason to interfere with the concurrent findings of both the courts below and confirm the conviction u/s 138 of the NI Act. Since the courts below awarded only a reasonable sentence, I find no reason to interfere with the sentence also.

Accordingly this Criminal Revision Petition is dismissed as it is without any merits. Thirteen months time is granted to the accused in C.C. No.187 of 2010 on the file of Judicial First Class Magistrate Court, Pattambi to deposit the fine amount and to surrender before the trial court to undergo imprisonment. The accused is at liberty to deposit the compensation amount before the trial court or give the compensation amount of Rs. 1,50,000/- directly to the complainant and produce a memo to that effect before the trial court. The amount deposited by the accused before the trial court shall be given credit to.