ASSAINAR Vs. AKBAR TOURS

JUDGEMENT

(1.) This criminal revision petition is directed against the judgment dated 31.07.2007 rendered by the Sessions Court, Kozhikode, in Crl.Appeal No.19 of 2007, whereby the learned Sessions Judge allowed the appeal in part, confirming the conviction under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the N.I.Act') and modifying the sentence rendered by the trial court to undergo imprisonment till the rising of the court and also to pay a compensation of Rs.2,05,000/- and in default of payment of fine to undergo simple imprisonment for a period of three months more under Section 138 of the N.I.Act.

(2.) The revision petitioner was the accused in C.C.No.95/2006 on the file of the Special Judicial First Class Magistrate Court, (Marad Cases), Kozhikode and the appellant in Crl.Appeal No.19/2007 on the file of the Sessions Court, Kozhikode. The 1st respondent filed a complaint before the trial court alleging commission of the offence punishable under Section 138 of the N.I.Act against the accused. Upon consideration of the complaint, the learned magistrate is prima facie satisfied that the case is made out against the accused. Hence, the learned Magistrate took cognizance of the offence under Section 138 of the N.I.Act and the case was taken on file as C.C.No.95/2006. Parties are hereinafter referred to as the 'complainant' and 'accused' according to their status in the court below unless otherwise stated.

(3.) It is the case of the complainant that the accused purchased air tickets on credit basis from the complainant and in discharge of the aforesaid liability, the accused issued a cheque dated 02.03.2005 for a sum of Rs.2,00,000/- drawn on the account maintained by the accused with the ICICI Bank, Kasaragod Branch. The complainant presented the cheque for encashment through the Syndicate Bank, Mavoor Road Branch, but the cheque was dishonoured for want of sufficient funds. Statutory notice was issued on 16.07.2005 to the accused calling upon him to pay the amount. The accused received the legal notice on 19.07.2005. However, he had neither sent a reply nor paid the amount covered under the cheque. Hence the complaint.