PARAMESWARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petition is filed challenging the inadequacy of sentence imposed by the Court of the Additional Sessions Judge-I, Mavelikara (Appellate Court), in Crl.A. No.459/2009 while convicting and sentencing the second respondent for the offence under Sec. 138 of the Negotiable Instruments Act, 1881 (for brevity, 'N.I. Act'). The revision petitioner was the complainant and the second respondent was the accused in C.C.No.366/2007 of the Court of the Judicial First Class Magistrate, Kayamkulam (Trial Court), out of which the Crl. Appeal arose. For the sake of convenience, the parties are referred to as per the status before the Trial Court.

(2.) The complainant had filed the complaint against the accused alleging that Ext P1 cheque issued by the accused, in discharge of a legally enforceable debt, got dishonoured on presentation to the bank for collection due to 'insufficient funds' in the accused's bank account. Even though the complainant had issued Ext P4 statutory lawyer notice, the accused refused to pay the demanded amount. Hence, he committed the above offence.

(3.) The learned Magistrate, after analysing the materials placed on record, found the accused guilty of the offences under Sec. 138 of the N.I. Act and convicted and sentenced him to undergo simple imprisonment for a period of three months and to pay a compensation of Rs.52,500.00 to the complainant under Sec. 357(3) of the Code of Criminal Procedure, 1973(in short,"Code'), and in default to undergo simple imprisonment for a further period of one month.