J. SREENIVAS Vs. K. SIVADAS

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 suffer simple imprisonment for a period of one month and to pay a compensation of Rs.66,000/ -, in default of payment of which, he shall suffer simple imprisonment for a period of fifteen days. In appeal, the appellate court confirmed the conviction and sentence and dismissed the appeal. According to the complainant, the accused owed an amount of Rs.66,000/ - to the complainant and in discharge of the said liability, the accused had issued Ext.P1 cheque for Rs.66,000/ - to him, which, on presentation, was returned for want of funds in the account of the accused. To the statutory notice issued to the accused, there was no response from him. Since the amount remained unpaid, a complaint was filed.

(2.) THE trial court took cognizance of the offence. On appearance of the accused, the particulars of the offence were read out to him to which, he pleaded not guilty and claimed to be tried. Therefore, the prosecution examined PW1 and had Exts.P1 to P6 marked. After close of the complainant's evidence, the accused was questioned under Section 313 of Cr.P.C. He denied all incriminating circumstances brought out in evidence against him and maintained that he is innocent.

(3.) THE learned counsel for the revision petitioner, at the time of hearing the revision petition, submitted that he is not addressing this court on the merits of the case, but his only prayer is that some leniency may be shown to the petitioner regarding the sentence awarded by the courts below. According to the learned counsel, the sentence awarded is too severe and harsh and it is disproportionate to the offence made out against him.