MOHANAN P. Vs. M.VINAYARAJAN

JUDGEMENT

(1.) The instant revision petition is directed against the judgment dated 14.12.2007 rendered by the learned Additional Sessions Judge, Thalassery in Crl. Appeal No. 41 of 2004, whereby the appeal was allowed in part while confirming the conviction rendered by the Additional Chief Judicial Magistrate Court, Thalassery in STC No. 3616 of 2003 dated 16.12.2003. The appellate court reduced the sentence of imprisonment of six months to one till rising of the court. In all other respects, the judgment of the trial court was confirmed. The trial court, in addition to the imprisonment, ordered to pay a fine of Rs.70,000/- and in default of payment of fine to undergone simple imprisonment for three months more.

(2.) It is the case of the 1st respondent/complainant (hereinafter referred to as, "complainant") that the revision petitioner/accused (hereinafter referred to as, "accused") borrowed a sum of Rs.65,000/- from the complainant and issued a cheque drawn on Kodiyeri Service Co-operative Bank in the name of the complainant towards repayment of the loan. The complainant presented the said cheque for collection through Ponniam Service Co-operative Bank. But, the cheque was returned unpaid with the endorsement, "funds insufficient", on 17.03.2003. On 28.03.2003, 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 duly served on 31.03.2003. The accused sent a reply to the notice denying his liability to pay the amount covered under the cheque.

(3.) The complainant filed a criminal complaint under Section 138 of the Negotiable Instruments Act (hereinafter referred to as, "Act") before the trial court. Upon consideration of the complaint, the learned magistrate is prima facie satisfied that a case is made out against the accused. Hence, the learned magistrate took cognizance of the offence under Section 138 of the Act and the case was taken on file as STC No. 3616 of 2003 of the Additional Chief Judicial Magistrate, Thalassery.