K M IBRAHIM Vs. K P MOHAMMED

JUDGEMENT

(1.) Delay condoned.

(2.) Leave granted.

(3.) The appellant issued a cheque to the first respondent for an amount of Rs.95,000/- in discharge of a legally enforceable debt. However, when the cheque was presented by the first respondent to his bank, the same was dishonoured on account of insufficiency of funds in the account of the appellant. The respondent thereupon issued statutory notice to the appellant within the prescribed time limit informing the appellant about the dishonor of the cheque and calling upon him to pay the amount due. Since the appellant failed to pay the amount in time, the respondent filed a complaint before the Chief Judicial Magistrate, Kasargode. Considering the evidence on record, the Trial Court found the accused guilty of the offence with which he had been charged and sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1,05,000/-. In default of payment of fine, it was ordered that the appellant would undergo rigorous imprisonment for a further period of three months. If, however, the fine was realized, directions were given that a sum of Rs.1,00,000/- should be given to the respondent by way of compensation.