E.V. REGHU Vs. K.C. VARGHESE

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 suffer simple imprisonment till the rising of court and to pay a sum of Rs.1,50,000/ - as compensation to the complainant under Section 357(3) of Cr.P.C, with a default clause of simple imprisonment for one month. In appeal, the lower appellate court confirmed the conviction and sentence passed by the trial court.

(2.) THE short case of the complainant is that, Ext.P1 cheque was issued by the accused to discharge a debt of Rs.1,00,000/ - due to him. When the cheque was presented for en -cashment, it was returned with endorsement 'account closed'. A statutory notice issued to the accused was not received by him and returned with endorsement "unclaimed". Since the amount remained unpaid, complaint was laid.

(3.) BOTH the courts below, on an appreciation of the evidence in the case, came to the conclusion that the complainant had succeeded in establishing the case against the accused and the defence set up by the accused is false. Accordingly the accused was found guilty and convicted and sentenced as already mentioned.