M.P.PRAKASHAN Vs. M.SASI

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 six months. He was also directed to pay a sum of Rs. 75,000/ - as compensation, in default of payment of which he had to suffer simple imprisonment for three months. In appeal the sentence was modified to one of simple imprisonment till the rising of the court and to pay a compensation of Rs. 75,000/ - in default of payment of which, he has to suffer simple imprisonment for one month.

(2.) ACCORDING to the complainant, the accused was very familiar to him. He had given a sum of Rs. 75,000/ - on 24.05.2005 to the accused. In repayment of the said liability, Exhibit P1 cheque was issued to him which, on presentation, bounced for want of funds in the account of the accused. To the statutory notice issued by the complainant, there was no response and the amount was not paid. So complaint was laid.

(3.) ON an appreciation of the evidence, the trial court came to a conclusion that the offfence has been made out and convicted and sentenced the accused as already mentioned. In appeal, sentence was modified.