SEBASTIAN KANJIRATHINKAL Vs. N.P. HAMSA

JUDGEMENT

(1.) The revision petition is filed assailing the correctness and propriety of the judgments in Crl.Appeal No. 898/2005 of the Court of the First Additional Sessions Judge, Thrissur, (Appellate Court) confirming the judgment passed in C.C No. 144/2002 of the Court of the Judicial Magistrate of First Class, Chavakkad (Trial Court), finding the revision petitioner guilty and convicting and sentencing him for the offence under Sec.138 of the Negotiable Instruments Act (for brevity, N.I Act). For the sake of convenience, the parties are referred to as per their status before the Trial Court. The revision petitioner was the accused and the first respondent was the complainant before the Trial Court.

(2.) The complainant had filed the complaint against the accused alleging that on 7/12/2000, the accused borrowed a sum of Rs.6,00,000.00promising to repay the amount within one month. In discharge of the said liability, the accused had issued Ext P8 cheque dtd. 30/6/2001 drawn on his bank. The cheque, on presentation to the Bank for payment, got returned with an endorsement 'account closed and payment stopped by drawer'. The complainant issued Ext P11 statutory lawyer notice to the accused and the accused sent Ext P13 reply notice to the complainant. However, the accused failed to pay the demanded amount. Hence, the accused committed the above offence.

(3.) The learned Magistrate took cognizance of the offence. The accused denied the substance of accusation read against him. In the trial, the complainant examined himself as PW1 and marked Exts. P1 to P14 in evidence. The accused denied the incriminating circumstances that were put against him in the questioning under Sec.313 of the Code of Criminal Procedure (in short, 'Code'). The accused examined DWs1 and 2 in the defence evidence.