KUTTISANKARA GUPTHAN Vs. CHANDRA MOHANAN

JUDGEMENT

(1.) THE complainant in a prosecution for the offence punishable under Section 138 of the Negotiable Instruments Act,1881 (for short 'the N.I.Act'), though initially succeeded in the first round litigation, i.e., during the trial, in appeal, at the instance of the accused, the lower appellate court acquitted the accused mainly on the ground that the transaction and execution of cheque is not proved as there is no substantial evidence from the side of the complainant. Thus, it is the above finding and order of acquittal recorded by the lower appellate court challenged in this appeal, at the instance of the complainant.

(2.) HEARD Sri.Jacob Sebastian, learned counsel for the appellant and Sri.K.P.Balagopal, the learned counsel for the first respondent/accused.

(3.) DURING the trial of the case, PW1 was examined from the side of the complainant and Exts.P1 to P6 were produced and marked. From the side of the defence, though no witness was examined, Exts.D1 to D5 were produced. The trial court finally found that the complainant has succeeded in establishing his case against the accused holding that the evidence of PW1 coupled with Exts.P2 and P3 series prove that the complainant has issued written notice to the accused informing bouncing of the cheque within the stipulated time and the accused failed to repay the cheque amount and thus, found that the accused has committed the offence punishable under Section 138 of the N.I.Act and consequently, he was sentenced to undergo simple imprisonment for three months and to pay a compensation of Rs.1,05,525/ - to the complainant under Section 357 of the Cr.P.C. and in default of payment of compensation, the accused was directed to undergo a further period of simple imprisonment for one month.