VIJAYAN Vs. SAHADEVAN

JUDGEMENT

(1.) The Appellant issued a cheque of Rs. 80,000/- in favour of Respondent No. 1 - Complainant, which was dishonoured due to insufficiency of funds. Proceedings u/S. 138 of the Negotiable Instruments Act, 1881 were initiated by Respondent No.1 against the Appellant - Accused. The Judicial Magistrate, First Class, Haripad vide Judgment and Order dated 30.11.1998 acquitted the Appellant.

(2.) Aggrieved by the said Order, the Respondent No.1-Complainant filed an Appeal before the High Court to challenge the order of acquittal. The High Court vide the impugned judgment dated 05.02.2008, allowed the Criminal Appeal, and convicted the Appellant for the offence u/S. 138 of the Negotiable Instruments Act, 1881 and sentenced him to undergo S.I. for one year. The Appellant was directed to pay an amount of Rs.90,000/- to Respondent No.1-Complainant as compensation.

(3.) The Judgment of the High Court was impugned by the Appellant before this Court in the present Criminal Appeal. This Court vide Order dated 01.05.2009 issued notice, and directed the Appellant-Accused to be released on bail.