JENSEN MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is the complainant in S.T.No.1485/1995 before the Judicial First Class Magistrate, Pattambi. The prosecution was one under Section 138 of the Negotiable Instruments Act. The prosecution case is that, as price of arecanut purchased by the accused from the father of the complainant, an amount of Rs.2,70,000.00 was due to the father of the complainant from the accused. The accused issued a cheque for Rs.2,70,000.00, to the father of the complainant, which was dishonored on presentation on the ground of insufficient funds. Despite a statutory notice, the accused did not pay the amount. Thus the accused committed the offence under Section 138 of the Negotiable Instrument Act.

(2.) THE drawee of the cheque died, therefore the complaint was filed by his son. He proved the complainant's case by examining himself as PW1. He also examined the Manager of the bank of his father as PW2 and the Manager of the bank in which the accused had an account in which the cheque was drawn as PW3. He also marked Ext.P1 to P4. The accused marked D1 series of passports of the accused. The accused did not adduce any other oral evidence. After considering the evidence adduced, the Magistrate convicted the accused and sentenced him to undergo simple imprisonment for three months and to pay a fine of Rs.2,70,000.00 to the complainant, with a default sentence of imprisonment for three months.

(3.) ACCORDING to the counsel for the petitioner, the accused never had any case that, the cheque was not drawn on the account maintained by the accused. It is pointed out that, although PW1 was cross examined by accused, not a single question has been asked by the PW1 to the effect that the cheque was not drawn on the account maintained by the accused with the bank in question.