MATHEW KUNJU MATHEW Vs. K.V. KURIAKOSE

JUDGEMENT

(1.) These Revisions are at the instance of the Accused in S.T. No.2211 of 2006, S.T. No.2214 of 2006 and S.T. No.2206 of 2006 on the file of Judicial First Class Magistrate Court No.IV, Kottayam, assailing the common Judgment in Crl.A. Nos.558 of 2010, 559 of 2010 and 557 of 2010 on the file of Additional Sessions Court, Kottayam, which upheld his conviction under Sec. 138 of the Negotiable Instruments Act (hereinafter referred as 'the NI Act'), though modified and reduced the sentence to certain extent.

(2.) S.T. No.2211 of 2006, S.T. No.2214 of 2006 and S.T. No.2206 of 2006 were filed by the 1st Respondent/Complainant against the Revision Petitioner alleging an offence punishable under Sec. 138 of the NI Act. The case of the 1st Respondent/Complainant was that the Revision Petitioner borrowed from him Rs.10,00,000.00 each on three occasions i.e., on 20/3/2003, 16/4/2003 and 20/11/2003, for the working capital requirements of his Contract works. Towards discharge of that debt, he issued Exts.P1-Cheque, dtd. 5/4/2006 for Rs.10,00,000,.00 Exts.P4-Cheque, dtd. 12/4/2006 for Rs.10,00,000.00 and Ext.P7- Cheque, dtd. 18/4/2006 for Rs.12,00,000,.00 assuring that he would get the Cash on presenting the Cheques before the Bank. Though the 1st Respondent/Complainant presented the Cheques before the Bank for encashment, the Cheques were returned dishonoured for the reasons Account was closed and Insufficiency of funds. He sent Statutory Notice to the Revision Petitioner, intimating dishonour of the Cheques and demanding the Cheque amounts. But, he did not repay the amount, and hence he filed the above Criminal Complaints under Sec. 138 of the NI Act.

(3.) On appearance of the Revision Petitioner before the Trial Court, particulars of offence was read over and explained in all the three cases, to which he pleaded not guilty and claimed to be tried. Since the parties were same and the transactions were interconnected, the Trial Court tried those three cases jointly. PWs.1 to 3 were examined and Exts.P1 to P26 were marked from the side of the 1st Respondent/Complainant. On closure of the evidence of the Complainant, the Revision Petitioner/Accused was questioned under Sec. 313 of Cr.P.C. He denied all the incriminating materials brought on record, and Exts.D1 to D4 were marked from his side.