N E VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) Heard.

(2.) Concurrent findings of facts recorded by the courts below (holding the revision petitioner guilty of the offence punishable under Section 138 of the Negotiable Instruments Act 1881 as amended (for short the Act). Are under challenge in this revision preferred by the convicted accused. The 2nd respondent filed complaint against revision petitioner alleging commission of an offence under Sec. 138 of the Act by him and the gist of the allegation made against him (revision petitioner) was that an amount of Rs. 1,45,000/- was owed by him to the 2nd respondent and in discharge of his liability the revision petitioner issued Ext. P1 cheque drawn on the State Bank of Travancore, Kizhakkambalam Branch and that cheque was returned by the drawee bank unpaid with the remark `insufficient fund' when presented for collection. On receipt of that information 2nd respondent issued registered notice (Ext. P6) demanding payment of the amount covered by the cheque in question within 15 days of receipt of that notice. He also sent notice under certrificate of posting and it was received by the revision petitioner. It was the further case of the 2nd respondent that though registered notice was sent on the correct address, that notice was returned with the endorsement `unclaimed'. It was also asserted in the complaint that within one month of arising of cause of action complaint was filed.

(3.) The revision petitioner's defence case was that signed cheque kept in the office of revision petitioner (he was at that time Secretary of the Kunnathu Nadu Service Co-operative Society) was stealthily removed by the 2nd respondent.