2011 (9) TMI 1216 - HC - Indian Laws

Accused convicted under Negotiable Instruments Act, sentence modified on appeal

P. Gopakumar Versus B. Anil kumar & Another

The accused was convicted under section 138 of the Negotiable Instruments Act by both the Magistrate and Sessions Judge. The Sessions Judge modified the ... - Issues Involved:1. Conviction u/s 138 of the Negotiable Instruments Act.2. Denial of execution of the cheque.3. Rejection of additional evidence by the appellate court.4. Scope of revisional jurisdiction.5. Sentence modification and request for time to pay the fine.Summary:1. Conviction u/s 138 of the Negotiable Instruments Act:The accused was convicted for the offence u/s 138 of the N.I. Act by both the Magistrate and the Sessions Judge. The Magistrate sentenced him to three months of simple imprisonment and a compensation of Rs. 3 lakhs. The Sessions Judge modified the sentence to one day of imprisonment till the rising of the court and converted the compensation to a fine, reducing the default imprisonment to two months.2. Denial of execution of the cheque:The accused challenged the execution of Ext.P1 cheque, claiming it was given in blank form for a different transaction. The courts below found the complainant's evidence credible and trustworthy, rejecting the accused's defense as unworthy of merit. The accused's failure to respond to the statutory notice of dishonour was also noted.3. Rejection of additional evidence by the appellate court:The accused's application to lead additional evidence was not considered by the appellate court. However, the court found that the defense evidence, including the testimony of DW3, was unworthy of merit and did not substantiate the accused's claims.4. Scope of revisional jurisdiction:The court emphasized that revisional jurisdiction is limited and a finding of fact based on evidence is not liable to be disturbed unless it is shown to be perverse or patently erroneous. The concurrent findings of guilt by the inferior courts were based on a meticulous analysis of the evidence.5. Sentence modification and request for time to pay the fine:The court affirmed the conviction and sentence as modified by the Sessions Judge. The accused was directed to appear before the Magistrate to serve the one-day imprisonment and report the payment of the fine on 21.11.2011. The execution of the sentence was kept in abeyance until the specified date.Conclusion:The revision was dismissed, affirming the conviction and sentence with directions for the accused to comply with the modified sentence and payment of the fine.