G.RAMACHANDRAN Vs. G.VARGHESE

JUDGEMENT

(1.) In this revision petition filed u/s 397 and 401 of the Code of Criminal Procedure, petitioner who is the accused in C.C.873 of 2007 on the file of the Judicial Magistrate of First Class, Kattakkada, challenges the conviction and sentence passed against him for the offence punishable u/s 138 of the Negotiable Instruments Act, 1981. The cheque amount is Rs.50,000/ -. As per judgment dated 8.10.2014, the petitioner was sentenced to undergo simple imprisonment for three months and to pay a compensation of Rs.50,000/ - to the complainant u/s 357(3) of the Cr.P.C and in default of payment of compensation to undergo simple imprisonment for a period of 15 days. The appeal preferred by the Crl.R.P.604/16 petitioner as Crl.A.338 of 2014 was dismissed by the Additional Sessions Judge -II, Thiruvananthapuram, modifying the sentence of imprisonment for three months to imprisonment till rising of the Court. The petitioner was also directed to pay a sum of Rs.50,000/ - as fine and in default to undergo simple imprisonment for a period of two months.

(2.) I have heard the learned counsel appearing for the petitioner.

(3.) The learned counsel raised several contentions to assail the concurrent findings of the Courts below. The Courts below have held that the cheque in question was drawn by the petitioner in favour of the complainant. Both the Courts concurrently found in favour of the complainant as regards the transaction Crl.R.P.604/16 of borrowal and also the execution and delivery of the cheque. It was also found that the petitioner/accused had failed to make payment within 15 days on receipt of statutory notice. Both the Courts below have considered and rejected the defence set up by the respondents while entering his conviction. The said conviction has been recorded after a careful evaluation of the oral and documentary evidence. This Court sitting in the revisional jurisdiction will not be justified in interfering with the concurrent findings recorded by the Courts below. I find no illegality or impropriety in the conviction so recorded concurrently by the Courts below and the same is hereby confirmed.