JOLLY VARGHESE Vs. ANILKUMAR

JUDGEMENT

(1.) Revision petitioner was the accused in C.C.No.319/1999 on the files of the Judicial First Class Magistrate Court-I, Cherthala. The prosecution alleges that the accused had on 22/3/1996, borrowed an amount of Rs.22,500.00 and in repayment of the said amount, issued a cheque dtd. 23/12/1998 for the said amount, drawn on the State Bank of Travancore, Cherthala Branch. However, when the cheque was presented for encashment it returned with a memo stating that 'drawer's signature differs' and that there were no sufficient funds in the account to honour the cheque and that it was done to cheat the complainant. Thus the accused is alleged to have committed the offences.

(2.) In order to prove the case of the complainant, PW 1 and PW2 were examined and Ext.P1 to Ext.P8 were marked.

(3.) The trial court, after analysing the evidence, came to the conclusion that the accused was guilty of the offences punishable under Sec. 420 of IPC and sentenced him to undergo simple imprisonment for a period of six months and to pay an amount of Rs.30,000.00, which was directed to be paid as compensation to the complainant under Sec. 357(3) of Cr.P.C., in default to undergo imprisonment for one month.