SUNEED Vs. C.T. ABDUL MUNEER ALI

JUDGEMENT

(1.) This Revision Petition is filed challenging the concurrent findings of conviction entered and the sentence imposed on the Revision Petitioner for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, 'the N.I.Act') in Criminal Appeal No.183/09 on the files of the Sessions Judge, Kasaragod. The above appeal was filed challenging the judgment finding that the Revision Petitioner is guilty of the said offence, passed in C.C.No.93/09 on the files of the Judicial First Class Magistrate's Court-II, (Additional Munsiff), Kasaragod. According to the impugned judgment, the Revision Petitioner is sentenced to undergo simple imprisonment for 10 days and to pay a fine of Rs. 2,00,000.00 (Rupees Two lakhs only) under Sec. 357(3) Crimial P.C. to the complainant/1st respondent and in default, to undergo simple imprisonment for three months.

(2.) The learned counsel for the Revision Petitioner reiterated the contentions which were raised before the courts below and got rejected concurrently. The grounds raised before me are also urging for re-appreciation of evidence once again, which is not permissible under the revisional jurisdiction unless any kind of perversity is found in the appreciation of evidence. The courts below had concurrently found that the 1st respondent had successfully discharged initial burden of proving execution and issuance of the cheque; whereas the Revision Petitioner had failed to rebut the presumption under Sec. 118(a) and 139 of the Negotiable Instruments Act which stood in favour of the 1s respondent. So also, it is found that the debt due to the 1st respondent was a legally enforceable debt and Ext.P1 cheque was duly executed and issued in discharge of the said debt. The Revision Petitioner failed to point out any kind of perversity in the appreciation of evidence. I do not find any kind of illegality or impropriety in the said findings or perversity in appreciation of evidence, from which the above findings had been arrived at. Therefore, I am not inclined to re- appreciate entire evidence once again and I confirm the concurrent findings of conviction.

(3.) The counsel for the Revision Petitioner submits that challenge under this Revision is confined to sentence only. The learned counsel for the Revision Petitioner submits that the sentence imposed on the Revision Petitioner is disproportionate with the gravity and nature of the offence. If he is incarcerated, as ordered by the courts below, his family will be put in trouble as he is the only bread diner of his family. Learned counsel prayed for modification of the substantive sentence of imprisonment. He further submits that the Revision Petitioner is willing to pay the compensation as ordered by the court below; but he is unable to raise the said amount forthwith due to paucity of funds. But he is ready to pay the compensation within four months.