GOPINATHA KURUP Vs. STATE OF KERALA

JUDGEMENT

(1.) REVISION petitioner is the accused in C.C.No.1393/1999 on the file of Addl. Chief Judicial Magistrate ( Economic Offences) Court, Ernakulam and appellant in Crl.Appeal No.670/2002 of Addl. Sessions Court (Adhoc I), Ernakulam. The learned Magistrate by judgment dated September 16, 2002 convicted him under Section 138 of Negotiable Instruments Act and sentenced him to undergo simple imprisonment for four months and to pay a fine of Rs.50,000/-, in default to undergo simple imprisonment for three months. Out of the fine amount, Rs.48,000/- was ordered to be paid to the complainant as compensation. On appeal by the accused, the learned Sessions Judge by judgment dated June 24,2003 confirmed his conviction, but modified the sentence to fine of Rs.50,000/-, in default to undergo simple imprisonment for three months. The fine amount, if realised, was ordered to be paid as compensation to the complainant. The accused has now 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 Rs. 40,000/- from him and to discharge that liability, he issued the cheque Ext.P1 dated December 25,1999 drawn on the Kayamkulam branch of State Bank of Travancore which when presented for collection was returned dishounoured for want of sufficiency of funds in the account of the accused in the bank and that in spite of notice Ext.P4, the accused did not repay the amount which is an offence punishable under Section 138 of Negotiable Instruments Act.

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