M S SASIDHARAN Vs. CHANDRIKA RAVEENDRAN

JUDGEMENT

(1.) REVISION petitioner is the accused in C.C.No.1373/2006 on the file of the Judicial Magistrate of the First Class-I, Pathanamthitta and appellant in Crl.A.No. 320/2007 on the file of the Additional District and Sessions (Adhoc)Fast Track Court-III, Pathanamthitta. He was convicted under section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for four months and to pay a fine of `75,000/-, in default to undergo simple imprisonment for two months by the learned Magistrate. On appeal by the accused, the lower appellate court confirmed his conviction and sentence. The accused has come up in revision challenging his conviction and sentence.

(2.) THE case of the first respondent/complainant, as testified by her as PW1 before the trial court and as detailed in the complaint, was that the accused borrowed `75,000/- from her and to discharge that debt, the accused issued cheque Ext.P1 dated May 2, 2006 drawn on the Federal Bank Ltd., Kozhencherry Branch for the same amount to her, which when presented for collection was returned dishonoured for want of sufficiency of fund in the account of the accused in the bank and that in spite of notice Ext.P3 May 4, 2006, the accused did not re-pay the amount. THErefore, the complainant 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.