ABDUL KALAM Vs. MARIYAMMA RAJU

JUDGEMENT

(1.) The accused was prosecuted for the offence punishable under Section 138 of the Negotiable Instruments Act. He was found guilty and was, therefore, convicted and sentenced to undergo simple imprisonment for two months and also to pay an amount of Rs. 21,500/- as compensation to the complainant with a default clause of simple imprisonment for a further period of two months. In appeal, the appellate court confirmed the conviction, but modified the sentence as simple imprisonment till the rising of the court and to pay Rs. 21,500/- as compensation to the complainant in default of payment of which he has to undergo simple imprisonment for two months.

(2.) According to the complainant, the accused owed Rs. 21,500/- to him and in order to discharge the said liability, Ext.P1 cheque was issued to the complainant, which, on presentation, was returned with the endorsement funds insufficient. Statutory notice issued to the accused invoked no response. The amount remained unpaid and therefore, a complaint was filed.

(3.) Cognizance of the offence was taken by the trial court and summons was issued to the accused. On appearance of the accused, the particulars of the offence were read out to him, to which, he pleaded not guilty. Evidence consists of the testimony of PW1 and documents marked as Exts.P1 to P6 from the side of the complainant. After close of the complainant's evidence, the accused was questioned under 313 Cr.P.C. He denied all the incriminating circumstances brought out in evidence against him and maintained that he is innocent. The accused examined DW1 in support of his defence.