K.M.BAVA Vs. WILSON M.S.

JUDGEMENT

(1.) The revision petitioner is the accused in C.C.No.305/2002 of the Judicial First Class Magistrate Court-II, Thamarassery, for the offence punishable under Section 138 of the Negotiable Instruments Act,1881. By judgment dated 25.07.2003, the accused was convicted the sentence to undergo simple imprisonment for two months and to pay compensation of Rs.10,000/- and in default of payment of compensation, to undergo simple imprisonment for one month more.

(2.) Challenging the conviction and sentence, the accused preferred Crl.A.No.469 of 2003 before the Sessions Court, Kozhikode. By judgment dated 22.09.2004, the learned Sessions Judge, modified the sentence and accordingly, the accused was sentenced to undergo simple imprisonment for two weeks and to pay a compensation of Rs.10,000/- and in default of payment the compensation, to undergo simple imprisonment for two weeks more.

(3.) The case of the complainant is as fallows; the accused borrowed an amount Rs.10,000/- from the complainant and executed Ext.P1 cheque in favour of the complainant for a legally enforceable debt. However, when the Ext.P1-cheque was presented for collection, it was returned with an endorsement "insufficiency of funds". Statutory notice was issued to the accused calling up on him to pay the amount within 15 days from the date of the receipt of the statutory notice. The accused received the notice. However, he did not pay back the amount as agreed nor did he sent any reply to the notice issued. Hence the prosecution was initiated proceedings under Section 138 of the Negotiable Instruments Act.