G. VINOD Vs. PRAMOD. V.

JUDGEMENT

(1.) The accused was prosecuted for the offence punishable under Section 138 of the Negotiable Instruments Act and found guilty. He was therefore convicted and sentenced to undergo simple imprisonment for a period of six months and to pay a sum of Rs. 1,75,000/- as compensation under Section 357(3) of the Criminal Procedure Code, and in default of payment of which, to undergo simple imprisonment for a further period of 45 days. In appeal, the appellate court confirmed the conviction, but modified the sentence as imprisonment till the rising of the court and retained the compensation part of the sentence as awarded by the trial court.

(2.) According to the complainant, the accused had borrowed a sum of Rs. 1,75,000/- from him and in order to discharge the said debt, Ext. P1 cheque was issued. The cheque on presentation bounced for want of funds in the account of the accused. Statutory notice issued to the accused invoked no reply, nor was the amount paid. Hence the complaint was lodged.

(3.) Cognizance of the offence was taken by the trial court. On appearance of the accused, particulars of the offence were read out to the accused, to which he pleaded not guilty and claimed to be tried. Complainant examined himself as P. W. 1 and had Exts. P1 to P6 marked. After the close of the prosecution evidence, the accused was questioned under Section 313 Criminal Procedure Code, in which he denied all the incriminating circumstances brought out in evidence against him and claimed that he had no transactions with the complainant. For the purpose of settling certain cases, the accused had paid Rs. 25,000/- and also issued a blank cheque to the father of the complainant and the present complaint has been lodged by misusing that cheque. However, he chose to adduce no evidence. On an appreciation of the materials before it, the trial court came to the conclusion that the offence has been made out and accordingly, the conviction and sentence as already mentioned followed. In appeal, the sentence was modified.