BASHEER PUTHENVEETTIL Vs. RASIQUE BABU

JUDGEMENT

(1.) A cheque for 2 lakhs issued by the revision petitioner in favour of the 1st respondent herein in discharge of a liability incurred under an agreement happened to be dishonoured due to insufficiency of funds. When he failed to make payment, the 1st respondent initiated prosecution before the Judicial first Class Magistrate Court -I, Tirur under Section 138 of the Negotiable Instruments Act. The revision petitioner entered appearance in the trial court and pleaded not guilty to the accusations. During trial, the complainant examined himself as PW1 and proved Exts.P1 to P8 documents. The accused did not adduce any evidence in defence. Accepting the evidence on the side of the complainant, the trial court found the revision petitioner guilty under Section 138 of the Negotiable Instruments Act. On conviction thereunder, he was sentenced to undergo simple imprisonment for four months, and was also directed to pay a compensation of 2 lakhs to the complainant under Section 357 (3) of Cr.P.C by judgment dated 13.9.2011 in S.T No.745 of 2007.

(2.) AGGRIEVED by the conviction and sentence, the revision petitioner/accused approached the Court of Session, Manjeri with Crl.A No.314 of 2011. In appeal, the learned Additional Sessions Judge confirmed the conviction and sentence and accordingly dismissed the appeal. Now the accused is before this Court in revision, challenging the legality and propriety of the conviction and sentence.

(3.) THE courts below have imposed a jail sentence of four months. In the particular facts and circumstances, I find that the direction to pay the entire cheque amount as compensation will do justice to the complainant. Notice to the respondent is felt not necessary in this case, when the conviction is confirmed, and the direction to pay compensation is also confirmed in revision. Further modification in jail sentence, to bring it down to the minimum possible under the law, will not cause any prejudice to the complainant when he will otherwise be compensated adequately. I find that the sentence can be further modified and brought down to the minimum possible under the law.