PRESSY PINTO Vs. SHASHIKALA KOTIAN

JUDGEMENT

(1.) We have heard the learned counsel for the appellant. None has appeared on behalf the respondent.

(2.) The appellant has been convicted under section 138 of the Negotiable Instruments Act, 1881 and sentenced to pay a fine of Rs. 60,000/-. Additionally, compensation amounting to Rs. 55,000/- and the fine amount (Rs.60,000/-) has been directed to be paid to the complainant. The aforesaid conviction recorded by the High Court is in reversal of the acquittal made by Signature Not Verified the learned trial Court. From the materials on record it does not appear that the accused had disputed issuing the cheque(s) to one-Janaki Balakrishna. The payee of the cheque(s) Janaki Balakrishna had endorsed the same in favour of the complainant in respect of some other transaction.

(3.) Whether the aforesaid second/other transaction has been established or not is not germane to the issue in view of the absence of any denial on the part of the accused that he had indeed issued the cheque(s) in favour of Janaki Balakrishna.