KRISHNANKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, the accused in ST 2547/1997 on the file of Judicial First Class Magistrate, Pattambi filed this revision challenging his conviction and sentence for the offence under S.138 of Negotiable Instruments Act. Second respondent lodged the complaint, taken cognizance by the learned Magistrate contending that petitioner borrowed Rs.40,000/- and issued Ext. P1 cheque dated 07/04/1997 drawn in his account maintained in Palakkad District Treasury and when the cheque was presented for encashment, it was dishonoured for want of sufficient funds and second respondent sent Ext. P4 notice demanding the amount covered by the dishonoured cheque which was received by the petitioner under Ext. P3 acknowledgment and petitioner failed to pay the amount and thereby committed the offence under S.138 of Negotiable Instruments Act.

(2.) On appearance petitioner pleaded not guilty. Second respondent was examined as PW 1. Ext. P1 to P5 were marked. Petitioner was examined as DW 1 and Exts. D1 and D2 were marked. Learned Magistrate on the evidence found that petitioner borrowed Rs.40,000/- from second respondent and issued Ext. P1 cheque towards its repayment and Ext. P1 was dishonoured for want of sufficient funds and second respondent had complied with all statutory formalities. Petitioner was convicted and sentenced to simple imprisonment for three months and compensation of Rs.40,000/- without default sentence. Petitioner challenged the conviction and sentence before Sessions Court, Palakkad in Crl. A 204/2001. Learned Sessions Judge on re - appreciation of evidence confirmed the conviction and sentence and dismissed the appeal. It is challenged in the revision.

(3.) Learned counsel appearing for the petitioner was heard.