M.K.AJITHKUMAR Vs. K.S.UNNI

JUDGEMENT

(1.) This revision petition has been filed aggrieved by the concurrent findings of guilt, conviction and sentence. Revision petitioner is the accused in a private complaint

(2.) First respondent/ complaint's case in short is as follows : Revision petitioner/accused borrowed an amount of Rs.1,00,000/- from the first respondent/complainant and in discharge of the same, the revision petitioner/accused (hereinafter referred to as the accused) issued cheque No.278421 dated 21.3.2001 drawn on Vysya bank, M.G.Road branch. On presentation of the cheque it was dishonoured as per memo dated 22.3.2001 for the reason 'payment stopped' by the drawer. Thereafter the first respondent/complainant (hereinafter will be referred as the complainant) issued registered notice for which a reply was sent raising untenable contentions. Since the amount was not paid within the statutory period, the complaint was filed.

(3.) The complainant got himself examined as PW1 and Exts.P1 to P6 were marked from the side of the complainant. The accused was examined as DW1 and Exts.D1 to D8 were marked from ohis side. Thereafter on hearing both sides, the trial court found the accused guilty and sentenced him to undergo simple imprisonment for six months and to pay compensation of Rs.1,00,000/- to PW1 in default to undergo simple imprisonment for two months. Against which Crl.Appeal 205/2004 was filed and the V Additional Sessions Court, Ernakulam by the impugned judgment, confirmed the conviction and sentence was modified reducing the substantial sentence to three months .