P S GANESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offence punishable under Section 138 of the Negotiable Instruments Act. He was found guilty. He was therefore convicted and sentenced to undergo simple imprisonment for three months and to pay a fine of Rs. 1,00,000, and in default, to undergo simple imprisonment for three months. In appeal, the appellate court confirmed the conviction and sentence.

(2.) According to the complainant, the accused had borrowed a sum of Rs.1,00,000 from the complainant and to discharge the debt, the accused had issued Ext. P2 cheque. The cheque, on presentation, returned with the endorsement 'Account closed'. Statutory notice issued to the accused invoked no reply and since the amount remained unpaid, the complaint was lodged by the complainant.

(3.) Cognizance of the offence was taken by the trial court. On summons, the accused entered appearance, and particulars of the offence were read out to the accused, to which he pleaded not guilty and claimed to be tried. The complain-. ant examined himself as PW1 and marked Exts. PI to P6. After the close of the prosecution evi dence, the accused was questioned under. Section 313 CrPC, in which he denied all the incriminating circumstances brought out in evidence against him and maintained that he is innocent.