A N PONNAPPAN Vs. GEETHA S KURUP

JUDGEMENT

(1.) REVISION petitioner is the accused in C.C.No. 423/1998 on the file of the Judicial Magistrate of the First Class-I, Alappuzha and appellant in Crl.A.No.232/2001 on the file of the Addl. Sessions Court, Alappuzha. He was convicted under section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for three months by the trial court, which was confirmed in appeal by the lower appellate court by judgment dated July 30, 2001. The accused has come up in revision challenging his conviction and sentence.

(2.) THE case of the first respondent/complainant, as testified by her as PW1 before the trial court and as detailed in the complaint, in brief, is this:- THE revision petitioner/accused borrowed `11,000/- from the complainant on July 20, 1997 and to discharge that liability, the accused issued Ext.P1 cheque dated July 26, 1997, drawn on the Mararikulam Branch of Federal Bank, which when presented for collection was returned dishonoured for want of sufficiency of funds in the account of the accused in the bank. In spite of notice Ext.P3 dated August 1, 1997, the accused did not re-pay the amount. THErefore, the claimant filed the complaint before the trial court under section 138 of the Negotiable Instruments Act.

(3.) HEARD the learned counsel for the revision petitioner and the learned counsel for the first respondent/complainant.