P.K.UTHUPPU Vs. N.J.VARGHESE

JUDGEMENT

(1.) This revision is at the instance of the accused in CC No.717 of 2006 on the file of Judicial Magistrate of First Class, Kothamangalam, assailing the judgment in Crl.Appeal No.213 of 2009 on the file of Additional Sessions Judge (Adhoc-I), Ernakulam, which upheld his conviction under Sec. 138 of the Negotiable Instruments Act (hereinafter referred as 'the N.I Act'), though the substantive sentence was reduced to one day till rising of court without altering the fine amount.

(2.) CC No.717 of 2006 was based on a private complaint filed by the 1st respondent herein, against the revision petitioner, alleging an offence punishable under Sec. 138 of the N.I Act. His case was that, the revision petitioner borrowed Rs.4.00 lakh from him on 27/9/2006, and towards discharge of that debt, he issued Ext.P1 cheque on 13/10/2006, assuring him that there would have been sufficient funds in his bank account to honour the same. Accordingly, the 1st respondent presented that cheque before the drawee bank, but it was dishonoured due to insufficiency of funds, and it was returned to the 1st respondent along with a memo dtd. 17/10/2006. He sent lawyer notice to the revision petitioner in the address of his business place and also at his residential address, intimating dishonour of the cheque and demanding the cheque amount. In spite of receipt of that notice, he failed to repay the amount and hence he filed the complaint under Sec. 138 of the N.I Act.

(3.) On appearance of the revision petitioner on summons, the learned trial court read over and explained the particulars of offence, to which he pleaded not guilty and claimed to be tried.