SASANKAN C Vs. S SANTHOSH KUMAR

JUDGEMENT

(1.) THE accused in a prosecution for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act') approached this Court by preferring the above revision petition challenging his conviction and sentence, imposed as per judgments of the trial court as well as the lower appellate court.

(2.) THE case of the respondent/complainant is that the accused/revision petitioner, towards the discharge of a debt due to the complainant, issued a cheque dated 29.9.2006 for a sum of Rs.65,000/- which, when presented for encashment, was dishonoured for want of sufficinet fund in the account maintained by the revision petitioner and the petitioner failed to pay the cheque amount, even though he was requested for the same by issuing a statutory notice. With the said allegation, the complainant approached the Chief Judicial Magistrate Court, Kollam whereupon S.T.No.951/2006 was instituted taking cognisance for the offence under Section 138 of the N.I.Act. Subsequently, the case was ,made over to the Judicial First Class Magistrate Court-III, Kollam where the case is renumbered as S.T.No.63/2008. During the trial of the above case, the respondent/complainant adduced his evidence consisting of the documentary evidence such as Exts.P1 to P6 and the oral evidence of himself as PW1. No evidence either oral or documentary was adduced from the side of the defence. On the basis of the available materials and evidence on record, the trial court has found that the cheque in question was issued by the revision petitioner/accused for the purpose of discharging his debt due to the complainant. Thus, accordingly, the courts held that, the complainant has established the case against the revision petitioner/accused and consequently, found that the accused is guilty and thus, he is convicted under Section 138 of the N.I.Act. on such conviction, the trial court sentenced the revision petitioner to undergo simple imprisonment for one month and to pay a fine of Rs.65,000/- and the default sentence is fixed as 10 days simple imprisonment. It is also ordered that on realisation of fine amount, it shall be paid to the complainant.

(3.) REITERATING the stand taken by the accused/revision petitioner during the trial and appeal, submitted that the complaiant has not established the transaction and also the execution and issuance of the cheque. But no case is made out to interfere with the concurrent findings of the trial court as well as the lower appellate court. Therefore, I find no merit in the revision petition and accordingly the conviction recorded by the courts below against the revision petitioner u/s.138 of Negotiable Instruments Act, is approved.