T.R.JOEL Vs. S.KRISHNAN

JUDGEMENT

(1.) This revision is directed against judgment dated 03.06.2006 rendered by the III Additional Session Judge, Kollam, whereby the learned Sessions Judge convicted and sentenced the accused to undergo simple imprisonment for five months and also to pay a compensation of Rs.2,00,000/-, in default of payment of compensation to undergo further imprisonment for a period of two months more for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 ('the Act' for short).

(2.) It is the case of the 1st respondent/complainant (hereinafter referred to as 'complainant') that the revision petitioner/accused (hereinafter referred to as the 'accused') borrowed a sum of Rs.2,00,000/- on 15.08.2000 and issued Ext.P1 cheque for a legally enforceable debt. The complainant presented the said cheque for encashment, but the same was returned unpaid with the endorsement 'funds insufficient'. The complainant issued a legal notice to the accused through his Advocate calling upon the accused to pay the cheque amount. The said notice, sent by registered post duly served on the accused. The accused, however did not reply to the notice nor did he pay the cheque amount to the complainant.

(3.) The complainant filed a criminal complaint under Section 138 of the 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 C.C.No.147 of 2001 of the Judicial First Class Magistrate Court, Paravur.