KOCHUPILLAI Vs. O.K. ELDHOSE

JUDGEMENT

(1.) PETITIONER was convicted by the learned Magistrate for offence punishable under Sec. 138 of N.I. Act and he was sentenced to undergo S.I. for three months and also to pay Rs. 3,80,000/ - as compensation to the complainant. His appeal was dismissed by the learned Addl. Sessions Judge (Ad -hoc -III), N. Paravur.

(2.) LEARNED counsel for the petitioner has addressed arguments challenging the conviction also. It was stated that only Rs. 50,000/ - was borrowed from the complainant and the allegation that he had borrowed Rs. 3,80,000/ - is not correct. The trial court as well as the appellate court appreciated the evidence and found that the defence plea is unacceptable. Accepting the complainant's case, petitioner was convicted. I find no reason to hold otherwise. The conviction is thus confirmed. Learned counsel for the petitioner submits that the complainant/respondent, realising the fact that the amount as shown in the complaint was not due from the accused to the complainant, has in fact agreed to settle the matter for a lesser sum. Learned counsel submits that the sentence may be modified.