SREEDHARAN N. P. Vs. N. K. JAYAN

JUDGEMENT

(1.) Petitioner, the accused in CC No. 343 of 1997 on the file of Judicial First Class Magistrate, Vadakara, who was convicted and sentenced for the offence under S.138 of Negotiable Instruments Act filed this revision challenging the concurrent conviction and sentence.

(2.) First respondent lodged the complaint alleging that petitioner and first respondent were on cordial terms for several years and petitioner who is a businessman in timber had asked for a loan of Rs.2,00,000/- for bidding a coup and first respondent had with him only a cash of Rs.1,00,000/- and he promised to pay that amount if petitioner repay the same within three months. But petitioner stated that he need Rs.2,00,000/- as Rs.1,00,000/- is not sufficient and requested first respondent to arrange the amount somehow. The first respondent agreed to avail a loan of Rs.75,000/-, as he was the subscriber to a chitty being conducted by KSFE, for Rs.5,00,000/-, provided petitioner furnishes security of his immovable property. When the petitioner furnished security of his property, first respondent availed a loan of Rs.75,000/- and using the said amount of Rs.75,000/- and Rs.1,00,000/-, which was already with him, first respondent paid Rs.1,75,000/-. Petitioner promised to repay the same within three months. But, petitioner failed to pay that amount even after the expiry of three months. When first respondent contacted him, he asked for time. Finally, when first respondent approached the petitioner and informed that he is badly in need of money, on 06/04/1997 petitioner came to his house and stated that he will receive the amount on 15/04/1997 and for that purpose first respondent need not meet him again and issued Ext. P1 cheque for Rs.1,75,000/- with the date 15/04/1997, drawn in his account in Vilangad Service Co - operative Bank making him believe that the amount will be there on 15/04/1997. When first respondent presented the cheque for encashment, it was dishonoured for want of sufficient funds. On 16/04/1997 first respondent sent a lawyer notice demanding the amount covered by Ext. P1 cheque. Petitioner received it on 21/04/1997 but did not pay the amount and did not sent any reply and thereby committed the offence.

(3.) Learned Magistrate took cognizance of the offence. Petitioner on appearance pleaded not guilty. First respondent was examined as PW 1 and Exts. P1 to P6 were marked on his side. On the side of the petitioner, he examined the Manager of KSFE as DW 1 and marked Exts. D1 to D3. The learned Magistrate on the evidence found the petitioner guilty. He was convicted and sentenced to simple imprisonment for six months for the offence under S.138 of Negotiable Instruments Act. Petitioner challenged the conviction before Sessions Court, Kozhikode in Crl. Appeal No. 374 of 1999. Learned Additional Sessions Judge on reappreciation of evidence, confirmed the conviction and sentence and dismissed the appeal. It is challenged in the revision.