BINU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner stands convicted and sentenced for an offence under Sec. 138 of the Negotiable Instruments Act, 1881 (NI Act). The conviction and sentence were confirmed by the appellate court, and the same are under challenge in this revision filed under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (Code).

(2.) Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel for the 2nd respondent.

(3.) The 2nd respondent filed the complaint. The allegations against the petitioner were that the cheque he issued in discharge of a debt of Rs.2,28,000.00 to the 2nd respondent, when presented for encashment, was returned unpaid and a notice demanding payment was given, but the petitioner did not oblige. On the said accusation trial was held. PW1 was examined and Exts.P1 to P20 were marked. The petitioner, when questioned under Sec. 313 (i)(b) of the Code, denied the incriminating circumstances against him in evidence. He further stated that he joined the chitty since an amount of Rs.3,50,000.00 was owed by him and he had paid all the installments of the chitty. But on account of some dispute regarding interest, the cheque given by the petitioner as security was misused for initiating the prosecution.