MAYYADI Vs. P.K. SHIVANANDA

JUDGEMENT

(1.) This revision petition is by the accused, who is convicted for the offence punishable under section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I. Act') and sentenced to undergo simple imprisonment for three months and to pay a compensation of 1,50,000/- to the complainant within a period of three months from the date of the order and in default, to undergo simple imprisonment for a period of 20 days.

(2.) The material contention urged in the revision petition is that the cheque in question stands in the name of one "B.K.Shivananda" whereas the complainant namely the respondent herein is one "P.K.Shivananda". The notice of demand was issued to "P.K.Shivananda". Under the said circumstance, the complainant was not entitled to present the said cheque for encashment nor was he entitled to maintain a petition under Section 138 of the N.I.Act. Further, it is contended that even with regard to the imposition of sentence, the Courts below have failed to apply their mind in as much as no fine has been levied, instead a heavy compensation has been ordered, which calls for interference by this Court in exercise of the revisional jurisdiction under section 397 of the Cr.P.C., 1973 Further, it is contended that even though several contentions were urged before the Appellate Court based on facts as well as on law, the Appellate Court failed to frame specific points for consideration, as a result, the impugned order of the Appellate Court is vitiated and needs to be interfered with by this Court.

(3.) I have heard the learned counsel for the petitioner and the learned counsel for the respondents and have perused the records of the lower Court as well as the grounds urged in the petition.