M.J.PAULSON Vs. BABU

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 31.03.2008 rendered by the Additional Sessions Judge (Adhoc) Fast Track Court-I, Thrissur in Crl. Appeal No.197 of 2005, whereby the learned Sessions Judge confirmed the conviction and sentence imposed by the trial court for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as, " NI Act ").

(2.) It is the case of the complainant that the accused issued a cheque dated 14.12.1999 for Rs.75,000/- to the complainant for a legally enforceable debt. When the complainant presented the cheque for encashment, the same was returned with an endorsement "account closed" by a cheque returned memo dated 24.12.1999. On 05.01.2000, the complainant issued a legal notice to the accused through his advocate calling upon him to pay the cheque amount. The said notice sent by registered post was served on the accused. On 19.01.2000, the accused sent a reply raising false contentions. Hence, the complaint was lodged before the trial court.

(3.) Upon consideration of the complaint, the learned magistrate is prima facie satisfied that the case is made out against the accused. Hence, the learned magistrate took cognizance of the offence under Section 138 of the NI Act and the case was taken on file as CC No.217 of 2000 of the Judicial First Class Magistrate Court-III, Thrissur.