P SHAHUL HAMEED Vs. K KOMAN NAIR

JUDGEMENT

(1.) This revision is by the accused in C.C.No.933/1998 on the file of the JFCM Court-I, Hosdurg. He challenges his conviction under sec.138 of the Negotiable Instruments Act and sentence to undergo rigorous imprisonment for nine months which is confirmed in appeal by the Addl. Sessions Judge (Ad Hoc-I), Kasaragod, by judgment dated 17.12.2003 in Crl.A.39/2002.

(2.) The case of the revision 1st respondent/complainant as testified by him as PW.1 before the trial court and as stated in the complaint is that the accused borrowed Rs.2 lakhs from him and to discharge that liability, the accused issued the cheque Ext.P1 dated February 25, 1998 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.P3 dated July 1, 1998, 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 complainant and took cognizance of the offence. The accused when appeared before the trial court pleaded not guilty to the charge under sec.138 of the Negotiable Instruments Act. When questioned under sec.313 Cr.P.C. by the trial court, the accused denied the transaction and submitted that the cheque Ext.P1 was actually issued to one Krishnan Master with whom the accused had some transaction and that the complainant has managed to obtain that cheque and filed this false complaint. No defence evidence was adduced.