MONCY MATHEW Vs. RANJEN K.DINESH

JUDGEMENT

(1.) THE first respondent herein prosecuted the revision petitioner before the Judicial Magistrate of the First Class-II, Kottayam alleging offence under Section 138 of the Negotiable Instruments Act, 1881, with a plea that the revision petitioner owed a sum of Rs.5,00,000.00 to the first respondent and in discharge of the same Exhibit P1 cheque was issued. When presented for collection the cheque was returned dishonoured for insufficient funds. Despite the acknowledgement of the notice demanding discharge, the liability was not discharged.

(2.) SINCE the revision petitioner pleaded not guilty, he was sent for trial. On the side of the first respondent, he was examined as PW1 and Exhibits P1 to P6 were marked. After closing the evidence for the prosecution, the revision petitioner was questioned under Section 313 of the Code of Criminal Procedure. He denied the incriminating evidence and further advanced a case that four blank cheques were issued to one Biju Cheriyan in connection with a partnership business and misusing one of those cheques, the prosecution was launched.

(3.) AGGRIEVED by the above conviction and sentence, he preferred Crl.A.No.415/2004 before the Sessions Judge, Kottayam. The Additional Sessions Judge (Special), Kottayam to whom the appeal was made over, by judgment dated 29/11/2006 concurred with the trial court in finding the revision petitioner guilty. Therefore the conviction was confirmed. But the substantive sentence was reduced to simple imprisonment for two months. Assailing the legality, correctness and propriety of the above conviction and sentence as reduced in appeal, this revision petition is preferred.