R C. ACHAMU Vs. MUHAMMED BASHEER

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 three months and to pay a fine of Rs. 1,00,000/- as compensation to the complainant with a default clause of simple imprisonment for two months. In appeal, the appellate court confirmed the conviction, but modified the sentence as follows:

(2.) ACCORDING to the complainant, pursuant to Ext.Pl agreement, he had given an amount of Rs. 1 lakh to the father of the accused. Later, the accused took over the said liability of his father and in discharge of that liability, he issued a cheque to the complainant. The cheque, on presentation, bounced for want of sufficient funds. The statutory notice issued to the accused invoked no response. Therefore, a complaint was filed.

(3.) THE trial court, on an appreciation of the evidence, found the story put forward by the defence to be totally unsustainable and found that the due execution of the cheque for discharge of the liability was proved. Accordingly, the accused was found guilty and the conviction and sentence as mentioned above, followed. In appeal, though the conviction was confirmed, the sentence was modified as quoted above.