P C ACHAMU Vs. MUHAMMED BASHEER

JUDGEMENT

(1.) The accused was prosecuted for the offence punishable under Section 138 of the Negotiable Instruments Act. He was found guilty and was therefore, convicted and sentenced to undergo simple imprisonment for three months and to pay a fine of Rs.1,00,000/- as compensation to the complainant with a default clause of simple imprisonment for two months. In appeal, the appellate court confirmed the conviction, but modified the sentence as follows :

(2.) According to the complainant, pursuant to Ext.P1 agreement, he had given an amount of Rs.1 lakh to the father of the accused. Later, the accused took over the said liability of his father and in discharge of that liability, he issued a cheque to the complainant. The cheque, on presentation, bounced for want of sufficient funds. The statutory notice issued to the accused invoked no response. Therefore, a complaint was filed.

(3.) The trial court took cognizance of the offence and summons was issued to the accused. After appearance of the accused, he filed a petition for dispensing with his personal attendance under Section 205 of Cr.P.C. The said petition was allowed and the personal attendance of the accused was dispensed with until further orders. The accused, on appearance, pleaded not guilty and claimed to be tried. Therefore, evidence was adduced. Evidence consists of the testimony of PW1 and documents marked as Exts.P1 to P7 from the side of the complainant. After close of the evidence, the accused was questioned under Section 313 Cr.P.C. He denied the incriminating circumstances brought out in evidence against him and maintained that he is innocent. The accused got himself examined as DW1.