GEORGE SAMUEL Vs. SIVARAMAN MINI VIHAR MANKAMKUZHY

JUDGEMENT

(1.) THE accused was prosecuted for the offence punishable under Section 138 of the Negotiable Instruments Act. He was found guilty.

(2.) He was therefore convicted and sentenced to undergo imprisonment till the rising of the court and to pay compensation of Rs. 85,000/ - to the complainant under Section 357(3) of Cr.P.C., and in default, to undergo simple imprisonment for two months. In appeal, the appellate court confirmed the conviction and sentence.

(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. Therefore the complainant filed affidavit in lieu of chief examination as P.W.1 and he was cross -examined. Exts.P1 to P7(a) were marked from his side. After the close of the prosecution evidence, the accused was questioned under Section 313 Cr.P.C. He denied all the incriminating circumstances brought out in evidence against him and maintained that there was no creditor -debtor relationship between him and the complainant. According to him, he subscribed to the two chitties wherein the complainant was the foreman and he bid the chity and while receiving the bid amounts, he issued blank cheque and blank signed stamp paper. Those documents were given as security and even though the chity transaction was completed, the documents were not returned. The accused filed a complaint before the Registrar of Chities. He contended that the cheques were not given as alleged in the complaint lodged by the complainant, but under different circumstances. He also pointed out that he had also filed a complaint before the C.I. of Police. He examined D.Ws.1 to 5 and Exts.D1 to D7 were marked. Exts.X1 to X4 are third party exhibits. Both the courts below on an appreciation of the materials before came to the conclusion that the offence has been made out and conviction and sentence as already mentioned followed.