VENU Vs. SANJEEV

JUDGEMENT

(1.) Revision petitioner was prosecuted by the 1st respondent in C.C.No.304/1998 before the Judicial Magistrate of the 1st Class, Chavakkad, accusing offence under Sec. 138 of the Negotiable Instruments Act with a plea that the revision petitioner owed a sum of INR 10,000.00 and in discharge of the same Ext.P1 cheque was issued and that when presented for collection it was returned dishonoured for insufficient funds and despite the notice demanding discharge the liability was not discharged.

(2.) The trial court found the revision petitioner guilty. Consequently, he was convicted and sentenced to simple imprisonment for three months and a fine of INR 12,000.00. In Crl.A.No.366/1999, the sentence was reduced by the Sessions Judge, Thrissur to simple imprisonment for two months with direction to pay INR 12,000.00 as compensation. Assailing the legality, correctness and propriety of the above conviction and sentence as modified in appeal, this Revision Petition is preferred.

(3.) When the Revision Petition came up for hearing Sri.K.V.Ramabhadran, the learned counsel appearing for the revision petitioner, would submit that half of the cheque amount is already deposited before the trial court and that the revision petitioner is a coolie and the financial difficulties led him to face the prosecution. The learned counsel would further submit that he is not assailing the conviction but the sentence is assailed with a plea for leniency.