SURESH KUMAR Vs. SASI

JUDGEMENT

(1.) THIS revision is directed against the judgment dated 23rd November 2001 of the Sessions judge, Thiruvananthapuram in Crl. Appeal No. 167/2000. The case arose on a complaint filed by the first respondent herein against the petitioner before the J. F. C. M.-I, Attingal alleging the commission of the offence punishable under S. 138 of the Negotiable Instruments Act. The allegation is that on 15th October 1996 the petitioner borrowed a sum of Rs. 4 lakhs from the first respondent and issued a cheque for the said amount drawn on the State Bank of Venjaramoodu. When the cheque was presented for encashment it was returned dishonoured with the endorsement funds insufficient. Thereupon the first respondent issued a notice calling upon the petitioner to pay the amount covered by the dishonoured cheque. Since no payment was made pursuant to the notice, the complaint was filed.

(2.) THE petitioner pleaded not guilty. In order to prove the guilt of the petitioner P. W. 1 to P. W. 3 were examined and Exts. P-1 to P-10 were marked. THE defence examined 3 witnesses as D. W. 1 to D. W. 3 and marked exts. D-1 to D-5. On an elaborate consideration of the evidence, the learned magistrate found the petitioner guilty of the offence, convicted him, and sentenced him to undergo simple imprisonment for one year. Aggrieved by the order of conviction and sentence passed by the Magistrate, the petitioner preferred Crl. Appeal No. 167/2000 before the Sessions Judge, Trivandrum and the learned Sessions judge by the impugned judgment confirmed the conviction and sentence. Hence this revision.

(3.) IN this case the definite case of the first respondent is that he issued Ext. P-6 notice to the petitioner before the initiation of the proceedings and the petitioner received the notice. But the petitioner would contend that the address in Ext. P-6 is not his correct address and he has not received the notice. Ext. P-6 notice was sent in the following address: K. Suresh Kumar, S/o. Krishna Pillai, Chempakassery house, Chemboor, Mudakkal. P. O.