P K SADANANDAN Vs. A V NARAYANAN NAMPOOTHIRI

JUDGEMENT

(1.) THIS revision petition is filed by accused 1 and 2 in C.C. No. 191 of 1998 on the file of the Judicial First Class Magistrate Court - III, Kottayam. The first respondent herein was the complainant in that case, which was filed against accused 1 and 2 alleging commission of the offence under Section 138 of the N.I. Act, involving a cheque for Rs.34,907/-

(2.) THE case of the first respondent/complainant is briefly as follows. THE first petitioner is the Secretary of a Co- operative society registered under the Co-operative Societies Act engaged in the business of marketing and processing of Agricultural items. THE second petitioner is the Treasurer of the society. Towards cost of paddy purchased by the Society, petitioners 1 and 2 issued a cheque for Rs.34,907/- on 28.4.1997 drawn on the Kottayam District Co-operative Bank Ltd., Kottayam branch in favour of the first respondent. THE cheque was presented for collection by the first respondent, but the cheque was dishonoured for want of funds in the account. THE statutory notice was issued to the petitioners, but they did not pay the amount. Thus the petitioners committed the offence punishable under Section 138 of the Negotiable Instruments Act.

(3.) ADMITTEDLY accused 1 and 2 are convicted and sentenced under Section 138 of the N.I. Act, as they issued the cheque in question as the Secretary and Treasurer of the Central Kerala General Marketing and Processing Co-operative Society Ltd. In this case, no notice under Sec.138(b) of the N.I. Act was given to that society and the society is not arrayed as an accused.