SUDHEER G S Vs. STATE OF KERALA

JUDGEMENT

(1.) Revision petitioner is the accused in CC No. 536/2001 on the file of the Judicial Magistrate of the First Class,Vaikom and the appellant in Crl A No. 551/2005 on the file of the Sessions Court, Kottayam Division.

(2.) The revision petitioner was convicted under S.138 of the Negotiable Instruments Act and he was sentenced to pay a compensation of Rs.58,000/- to the complainant, in default to undergo simple imprisonment for two months by the Trial Court by judgment dated August 10, 2005, which was confirmed in appeal by the lower Appellate Court by judgment dated October 13, 2008. The accused has come up in revision challenging his conviction and sentence.

(3.) 2nd respondent / complainant is M/s. Mama Produts, Kappumthala Kara, represented by its Managing Director (PW 1). The case of the 2nd respondent / complainant as testified by PW 1 before the Trial Court and as detailed in the complaint, in brief, is this: Complainant is a registered partnership firm engaged in the business of making and selling of ice cream products. The revision petitioner / accused is one of its customer. Accused is the proprietor of M/s.Evershine Marketing, Sasthamangalam, Thiruvananthapuram. Towards the value of the ice cream purchased by the accused, Rs.58,000/- was due to the complainant. To discharge that liability, the accused issued the cheque Ext. P3 dated June 2, 2001, drawn on the Balaramapuram Branch of Bank of India, which when presented for collection was returned dishonoured for want of sufficiency of funds in the account of the accused in the bank. In spite of notice Ext. P6 dated August 14, 2001, the accused did not re - pay the amount. Therefore, the complainant filed the complaint before the Trial Court under S.138 of the Negotiable Instruments Act.