M. NAZAR Vs. K. GOPINATHAN PILLAI

JUDGEMENT

(1.) HAVING found the accused guilty of the offence punishable under Section 138 of the Negotiable Instruments Act, he was convicted and sentenced to undergo imprisonment till the rising of the court and to pay compensation of Rs. 1,00,000/-, and in default, to undergo simple imprisonment for a further period of two months. The compensation was directed to be handed over to the complainant under Section 357 (3) of Cr. P. C. In appeal, the same was confirmed.

(2.) ACCORDING to the complainant, the ac cused had purchased gold ornaments from the complainant worth Rs. 1,00,000/- and in order to discharge the said debt had issued Ext.Pl cheque. The cheque on presentation was re turned with the endorsement 'funds insufficient'. The statutory notice issued to the accused was cleverly evaded by him. Since the amount remained unpaid, the complaint was lodged.

(3.) THE complainant examined himself as P.W. 1 and had Exts. PI to P6 marked. After the close of the complainant's evidence, the accused was questioned under Section 313 Cr. P. C, in which he denied all the incriminating circumstances brought out in evidence against him and maintained that he is innocent. He examined D.W. 1 in support of his defense. According to the defence case, the complainant had sold gold ornaments to the accused. But D.W. 1 was unaware whether any cheque was issued by the accused to the complainant. On an appreciation of the evidence in the case, the trial court came to the conclusion that the accused was not successful in establishing his defence and on the other hand the complainant had adduced sufficient evidence to show that the cheque was issued in respect of the debt due to him. Accordingly, the conviction and sentence as already mentioned followed. The appeal met with failure.