SEETHAMMA L Vs. PAILY

JUDGEMENT

(1.) Revision petitioner is the accused in S.T.No.594/1996 on the file of Judicial First Class Magistrate Court, Kattappana and appellant in Crl.Appeal No.107/1999 of Sessions Court, Thodupuzha. The learned Magistrate by judgment dated September 8, 1999 convicted him under Section 138 of Negotiable Instruments Act and sentenced him to undergo simple imprisonment for one year and to pay a fine of Rs.50,000/- in default to undergo simple imprisonment for three months. Out of the fine amount, Rs.45,000/- was ordered to be paid to the complainant. On appeal by the accused, the learned Sessions Judge by judgment dated January 18, 2002 confirmed his conviction, but modified by the sentence to simple imprisonment for four months and to pay a compensation of Rs.40,000/- to the complainant. The accused has now come up in revision challenging his conviction and sentence.

(2.) The case of the first respondent/complaint as testified by him as PW 1 before the Trial Court and as detailed in the complaint was that the accused borrowed Rs. 58,000/- from him and to discharge that liability, she issued the cheque Ext.P/1 dated May 15, 1997 drawn on the Mattanchery branch of State Bank of Travancore 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. P/3 dated May 20, 1997, the accused did not repay the amount which is an offence punishable under Section 138 of Negotiable Instruments Act.

(3.) On receipt of the complaint, the learned Magistrate recorded the sworn statement of the complainant PW1 and took cognizance of the offence. The accused on appearance before the trial court pleaded not guilty to a charge under Section 138 of Negotiable Instruments Act. PWs 1 and 2 were examined and Exts.P1 to P5 were marked on the side of the complainant. When questioned under Section 313 of Criminal Procedure Code, the accused submitted that she issued a blank signed cheque as a security for obtaining a loan of Rs. 20,000/- for her friend from the complainant and the complainant has misused the same and created Ext.P/1. Dws 1 and 2 were examined on her side.