K M VISWAMBHARAN Vs. DOMESTIC LIKES VENMONY

JUDGEMENT

(1.) This revision is by the accused in C.C.No.95/1997 on the file of the JFCM Court-I, Chengannur. He challenges his conviction under sec.138 of the Negotiable Instruments Act and sentence to undergo simple imprisonment for three months and to pay a fine of Rs.5000/-, in default to undergo simple imprisonment for one month by the learned Magistrate which is confirmed in appeal. It was also directed by the learned Magistrate that out of the fine amount, Rs.4000/- should be given to the complainant as compensation.

(2.) The revision 1st respondent/complainant is a private firm doing business in household articles at Venmony. The case of the complainant firm as testified by PW.1, who is its proprietor, and as stated in the complaint is that the accused purchased a colour TV and its accessories from him on credit basis for Rs.17,250/- and to discharge that liability issued the cheque Ext.P1 dated December 3, 1996 which, when presented for collection, was returned dishonoured for want of sufficiency of funds in the account of the accused in the bank and that in spite of the notice Ext.P4 dated January 25, 1997, the accused did not repay the amount, which is an offence punishable under sec.138 of the Negotiable Instruments Act.

(3.) On receipt of the complaint, the learned Magistrate recorded the sworn statement of the PW.1, proprietor of the 1st respondent firm, and took cognizance of the offence. On appearance before the Magistrate, the accused pleaded not guilty to the charge under sec.138 of the Negotiable Instruments Act. PWs.1 and 2 were examined and Exts.P1 to P9 were marked on the side of the complainant. When questioned under sec.313 Cr.P.C. by the trial court, the accused denied the entire transaction and contended that he has issued the cheque for the TV and its accessories purchased by one Saji on agreement that when Saji pays the amount, the complainant would return the cheque. On the side of the accused, besides himself as DW.2, his wife was examined as DW.1.