SHAMSUDHEEN Vs. ASHARAF

JUDGEMENT

(1.) THE accused was prosecuted for the offence punishable under Section 138 of the Negotiable Instruments Act. He was found guilty. He was therefore convicted and sentenced to suffer simple imprisonment for a period of 15 days and to pay a sum of Rs. 1,35,000/ - as compensation to the complainant, with a default clause of simple imprisonment for six months. In appeal, the lower appellate court confirmed the conviction and sentence passed by the trial court and dismissed the appeal.

(2.) THE short case of the complainant is that, the accused had borrowed a sum of Rs. 1,25,000/ - from him on 07.12.2002 and in order to discharge the said debt Ext.P1 cheque was issued. The cheque on presentation bounced for want of funds in the account of the accused. A statutory notice issued to the accused invoked no reply. Since the amount remained unpaid, complaint was laid.

(3.) BOTH the courts below, on a consideration of the evidence before it, came to the conclusion that the complainant had succeeded in establishing the case against the accused and the defence set up by the accused is not sufficient to prove his case. Accordingly the accused was found guilty and convicted and sentenced as already mentioned.