JAFFER Vs. STATE OF KERALA

JUDGEMENT

(1.) REVISION petitioner is the accused in C.C.No.123/1998 on the file of the Chief Judicial Magistrate, Thodupuzha and appellant in Crl.A.No. 70/2000 on the file of the Sessions Court, Thopdupuzha. He was convicted under section 138 of the Negotiable Instruments Act and sentenced to undergo rigorous imprisonment for two months and to pay a fine of ` 62,000/-, in default to undergo rigorous imprisonment for three months by the learned Magistrate by judgment dated April 18, 2000. Out of the fine amount ` 60,000/- was ordered to be paid to the complainant as compensation. On appeal by the accused, the lower appellate court by judgment dated September 3, 2002 confirmed his conviction and sentence. The accused has come up in revision challenging his conviction and sentence.

(2.) THE case of the second respondent/complainant, as testified by him as PW1 before the trial court and as detailed in the complaint, was that the accused took a loan of ` 60,000/- from him on October 8, 1997 and to discharge that debt, he issued Ext.P1 cheque on November 12, 1997, drawn on the Thodupuzha Branch of Union Bank of India, which when presented for collection was returned dishonoured for want of sufficiency of funds in the account of the accused in the bank and that in spite of notice Ext.P4 dated November 22, 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 second respondent/complainant.