SAHADEVAN Vs. N. M. RASHEED

JUDGEMENT

(1.) REVISION is by the accused convicted of the offence under Section 138 of the Negotiable Instruments Act (for short, NI Act), concurrently by the two inferior courts. The trial Magistrate, on his conviction, has sentenced him to undergo simple imprisonment for a period of one month and to pay compensation of '75,000/- with default term of imprisonment for one month more. In appeal, the learned Sessions Judge, affirming the conviction, vacated the substantive term of imprisonment and modified the compensation awarded as fine, enhancing the sum to '80,000/-, with default term of two months. Feeling aggrieved, the accused has preferred this revision.

(2.) I heard the learned counsel for the revision petitioner/accused. The entries in the cheque involved in the case were all type written and the case of the complainant regarding the date of handing over of the cheque to him by the accused is belied by the defence evidence tendered in the case, but, that has not been properly appreciated by both the courts below, is the submission of the counsel. The execution of the cheque, and also passing of consideration thereunder, has not been established by cogent and convincing legal evidence despite the challenge raised thereof by the accused contending that a blank signed cheque alone was given as security in respect of a previous transaction with the complainant, is the further submission of the counsel.

(3.) SO far as the sentence imposed, I find, much leniency has been extended by the learned Sessions Judge in vacating the substantive term of imprisonment imposed by the learned Magistrate. No further interference in the sentence is called for. Revision lacks merit, and it is dismissed.