SOURIYAR Vs. MUTTOM ABDULLA

JUDGEMENT

(1.) Whether the offence of cheating punishable under Sec. 417 I.P.C or Sec. 420 I.P.C is attracted if a person, after voluntarily closing his account, issues a cheque towards the discharge of a pecuniary liability, leading to the inevitable consequence of its dishonour on the ground 'account closed'? It is the above question, which is to be resolved in this revision petition.

(2.) The facts, in conspectus, necessary for the disposal of this petition are as follows :

(3.) In the trial that followed five witnesses were examined from the part of the prosecution as PW1 to PW5, and five documents marked as Exts.P1 to P5. The 1st respondent also tendered evidence as DW1, and brought on record four documents, which are marked as Exts.D1 to D4. The learned Magistrate, after evaluation of evidence and hearing both sides, found the 1st respondent guilty of commission of Sec. 420 IPC and convicted him. He was accordingly, awarded a sentence of simple imprisonment for one year with a direction to pay compensation of Rs.50,000.00 to the revision petitioner under Sec.357(3) Cr.P.C with a default clause of simple imprisonment for three months.