P.P.RAGHAVAN Vs. KUNIYIL PAVITHRAN

JUDGEMENT

(1.) The revision petition is filed challenging the correctness and propriety of the judgment passed by the Court of the Special Additional Sessions Judge (Marad Cases), Kozhikode (Appellate Court) in Crl.A. No.895/2008 confirming the judgment passed by the Court of the Judicial First Class Magistrate-II, Perambra in C.C No.157/2007 (Trial Court), convicting and sentencing the revision petitioner for an offence under Sec. 420 of the Indian Penal Code (in short, 'IPC'). The parties are, for the sake of convenience, referred to as per their status before the Trial Court. The prosecution case in brief

(2.) The prosecution case was that the first accused had borrowed an amount of Rs.1,50,000.00from the complainant and in discharge of the said debt, he had issued Ext P1 cheque assuring that the cheque would be honoured on presentation. However, the cheque was dishonoured with the reason 'drawer differs'. On enquiry, the complainant learnt that the cheque belonged to the second accused. Even though the complainant issued Exts P3 and P6 lawyer notices to the accused, they did not pay the demanded amount. Hence, the accused with dishonest intention to deceive the complainant had issued Ext P1 cheque and have committed the offence under Sec.420 read with Sec.34 of the IPC. Trial Court Judgment

(3.) The Trial Court after appreciating the materials on record, convicted the first accused for an offence under Sec.420 of the IPC and directed him to undergo simple imprisonment for a period of two years and pay a fine of Rs.5,000.00 .