KRISHNANKUTTY AND ORS Vs. RADHAKRISHNA PILLAI

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 three months and was directed to pay a sum of Rs. 40,000/- as compensation to the complainant under Section 357(3) of Cr.P.C, with a default clause of simple imprisonment for a period of two months. In appeal, the lower appellate court confirmed the conviction and but modified the sentence as one to undergo simple imprisonment till rising of the court and to pay fine of Rs. 40,000/-, with a default clause of simple imprisonment for a period of two months. It was also directed that if the fine amount was realized, the same should be given as compensation to the complainant.

(2.) The short case put forward by the complainant is that accused had borrowed an amount of Rs. 40,000/- from him and issued a cheque dated 03.03.2003 to him. The said cheque on presentation bounced for want of funds in the account of the accused. A statutory notice issued to the accused neither invoked any reply nor was the amount paid. Hence the complaint was laid.

(3.) Cognizance of the complaint was taken. On appearance of the accused, all formalities were complied with. Particulars of the offence were read out to him, to which he pleaded not guilty and claimed to be tried. The power of attorney holder of the complainant was examined as PW1 and had Exts.P1 to P6 marked. After the close of the complainant's evidence, the accused was questioned under Section 313 Cr.P.C. He denied all the incriminating circumstances brought out against him in the evidence and pointed out that he had issued a blank signed cheque at the time of subscribing a chitty five years ago. He however chose to adduce no evidence in support of his defence.