K.M. ABDU RAHIMAN Vs. C.K. ABOOBACKER

JUDGEMENT

(1.) THE accused in ST No.603/2007 before the Judicial First Class Magistrate - I, Thamarassery is the petitioner herein. The prosecution was one under Section 138 of the Negotiable Instruments Act. The Magistrate convicted the petitioner and sentenced him to undergo simple imprisonment for three months and to pay rupees One Lakh as compensation to the complainant with a default sentence of imprisonment for one month. In Criminal Appeal No.73/2011 filed by the petitioner before the Court of Sessions, Kozhikode Division, the conviction was attempt, but the sentence of imprisonment was modified into one till rising of the Court and the direction of the Lower Court to pay compensation with the default sentence was maintained. The petitioner is challenging the judgments of the Courts below.

(2.) THE contention raised by the petitioner is that, the complainant has not proved that the cheque was signed and issued by the petitioner. According to him, there is considerable doubt regarding the genuineness of the signature in the cheque. That signature contains inks of two different colours; one is red and the other is blue. Petitioner submits that at the instance of the complainant, the cheque was sent for expert opinion and the report of the expert was marked without examining him as a witness. That too, without the knowledge of the petitioner. Therefore, according to the petitioner, the judgments of the Courts below relying on the expert's opinion is clearly vitiated.

(3.) I have considered the rival contentions in detail.