RAMAKRISHNAN Vs. PARTHASARDHY

JUDGEMENT

(1.) Is the plea of limitation available to the accused in a case under Sec. 138 of the Negotiable Instruments Act, 1881 ? This is the short question that arises for consideration in this Revision Petition, which has been referred to a Division Bench. A few facts may be noticed.

(2.) On May 31, 1991, the petitioner-accused had given a cheque for an amount of Rs. 75,000.00 to the 1st respondent-complainant. It was presented to the Bank. It was returned with the remarks - 'funds insufficient'. The position was conveyed to the 1st respondent by a letter dated June 6, 1991. On June 17, 1991, the 1st respondent issued a notice to the petitioner. It was accepted by him. However, the amount was not paid. Thus, the 1st respondent filed the complaint against the petitioner in the court of Chief Judicial Magistrate, Kottayam.

(3.) After trial, the court vide its judgment dated April 26, 1995, held that the petitioner-accused was guilty of the offence under Sec. 138 of the Negotiable Instruments Act. He was awarded a punishment of fine of Rs. 1,50,000.00. In default of payment, he was sentenced to undergo imprisonment for three months. Out of the fine, Rs. 75,000.00 was ordered to be paid to the 1st respondent-complainant.