K DINESAN Vs. P K NARAYANAN

JUDGEMENT

(1.) REVISION petitioner is the accused in S.T.No.195/2006 on the file of the Judicial Magistrate of the First Class, Vatakara and appellant in Crl.A.No.319/2008 on the file of the Addl. District and Sessions Court, Vadakara. He was convicted under section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for one year and to pay compensation of `1,80,000/- to the complainant, in default to undergo simple imprisonment for three months by the learned Magistrate. On appeal by the accused, the lower appellate court confirmed his conviction, but modified the sentence to simple imprisonment for six months and to pay compensation of `1,80,000/-, in default to undergo simple imprisonment for months. The accused has come up in revision challenging his conviction and sentence.

(2.) THE case of the first respondent/complainant, as testified by him as PW1 before the trial court and as detailed in the complaint, was that the accused borrowed `1,75,000/- from him and to discharge that debt the accused issued cheque Ext.P1 dated July 15, 2005 for `1,75,000/- drawn on Villiappally Panchayat Service Co-operative Bank Ltd., 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 notice dated December 18, 2005, 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.