GOPI Vs. SUDARSANAN

JUDGEMENT

(1.) The petitioner is the accused in C.C. No. 326 of 1992 of the Judicial First Class Magistrate Court - I, Attingal and the appellant in Crl. Appeal No. 330 of 1993 of the Additional Sessions Court, Thiruvananthapuram. He challenges the concurrent findings of the said two courts that he is guilty of the offence under S.138 of the Negotiable Instruments Act as also the sentence of R.I. for one year and fine of Rs. 5000/- (in default R.I. for three months) imposed therefor.

(2.) In his complaint the present first respondent alleged that he is a financier; that the petitioner borrowed a sum of Rs. 2,70,000/- in two instalments of Rs. 2,05,000/- and Rs. 65,000/- on 11.3.1991 and 15.3.1991 respectively; that towards repayment of the said amount Ext. P1 cheque was issued based on an assurance contained in an agreement that the cheque would be returned in case the amount was repaid before 31.3.1992; that on presentment the cheque was dishonoured for want of funds on 24.4.1992 and that inspite of Ext. P6 notice served on the petitioner the amount remained unpaid.

(3.) During trial, the petitioner conceded that Ext. P1 cheque was given to the complainant, but took the stand that it was devoid of consideration. According to him, what actually happened was that one Sivadasan Chandran received some amount from the complainant and when he failed to repay the same the petitioner intervened and gave his own cheque. The aforesaid Chandran subsequently repaid the amount and thereupon return of Ext. P1 cheque was sought for. This was not complied with and the case is filed in this background.