REGHUNATHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision is by the accused, who was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short "the Act). Negativing his plea of not guilty, the learned Magistrate convicted him of such offence and sentenced him to undergo simple imprisonment for six months and to pay a compensation of Rs. 2,05,000/- with default term to undergo simple imprisonment for a period of three months. In the appeal, the learned Sessions Judge confirmed the conviction, but modified the sentence limiting the substantive term of imprisonment to a day, till the rising of the court, retaining the compensation awarded with the default term. Felling aggrieved he has preferred this revision.

(2.) Notice given. The second respondent/complainant has entered appearance. I heard the counsel on both sides.

(3.) The learned counsel for the accused raised two fold challenges, firstly, against the sustainability of the conviction on the premise that the defense canvassed, that the cheque was not supported by consideration, was not duly considered by the courts below, and secondly against the sentence, as it now stands, the default term of imprisonment provided for nonpayment of the compensation, that it required modification in view of the circumstances and events that had taken place after his conviction.