JOSE P.P. Vs. M.M.ABDULKHADER

JUDGEMENT

(1.) The above appeal is filed by the complainant in C.C. No.205 of 2000 on the file of the Judicial First Class Magistrate Court, Perumbavoor. The above calendar case was filed by the appellant against the first respondent herein for prosecuting him under Section 138 of the Negotiable Instruments Act,1881 (hereinafter the parties are mentioned by their rank before the trial court).

(2.) The complainant is 'Jose P.P., Manager, Rice Tech Agro Mills Pvt.Ltd., Mattoor, Kalady'. The case of the complainant is that the accused had purchased rice from the complainant firm for Rs.61,331.25 paise and out of which, an amount of Rs.30,000/- is due to the complainant.When the complainant demanded the said amount, the accused informed that he would repay the amount in three installments and issued three cheques for Rs.10,000/- each.The complainant presented the cheques for encashment.But, thosecheques were dishonoured from the bank with an endorsement "Funds insufficient," on 06.09.1999,07.09.1999, and 16.09.1999respectively. The complainantissued a statutorynotice in accordanceto the Negotiable Instruments Act, on 18.09.1999 and the accused received the same on 20.09.1999. Even after the receipt of the notice, the accused did not repay the cheque amounts. Hence, the complaint.

(3.) To substantiate thecase, one witness was examined on the side of the complainant and Exts.P1 to P7 are also marked. Ongoing through the evidence and documents, the trial court found that the accused is guilty under Section 138 of the Negotiable Instruments Act. He is sentenced to undergo simple imprisonment for three months and to pay a compensation of Rs.31,000/- to the complainant under Section 357(3) of the Code of Criminal Procedure. In default of payment of the said amount, there is a further direction to the accused to undergo simple imprisonment for 45 days.