SATHEESH KUMAR P Vs. K ABDUL JALEEL

JUDGEMENT

(1.) ON a complaint preferred by the 1st respondent before the learned Judicial First Class Magistrate-VI, Ernakulam petitioner faced trial in S.T.No.3115 of 2008 for offence punishable under Sec.138 of the Negotiable Instruments Act (for short, "the Act"), was found guilty, convicted and sentenced to undergo simple imprisonment for three months. He was directed to pay compensation of Rs. 3,50,000/- with a default sentence of simple imprisonment for three months. Petitioner challenged that order in Crl.Appeal No.480 of 2011 of the court of learned Additional Sessions Judge (Adhoc-I), Ernakulam. The conviction and direction for payment of compensation were confirmed while the substantive sentence was modified as simple imprisonment till rising of the court. Default sentence was modified as simple imprisonment for two months

(2.) 1st respondent claimed that petitioner issued Ext.P1, cheque dated 23.07.2008 for the discharge of debt of Rs. 3,50,000/-. That cheque was dishonoured for insufficiency of funds and in spite of dishonour intimation and demand, petitioner did not pay the amount.

(3.) TRIAL court accepted the version of 1st respondent. That was confirmed by the learned Additional Sessions Judge also.