K.M. RAFEEK Vs. A.V. VIJAYAN

JUDGEMENT

(1.) A cheque for 65,000/ - issued by the revision petitioner in favour of the 1st respondent herein, in discharge of a debt, was dishonoured due to insufficiency of funds. When he failed to make payment on demand, the 1st respondent initiated prosecution against him under Section 138 of the Negotiable Instruments Act before the Judicial First Class Magistrate Court I, Perumbavoor.

(2.) THE revision petitioner entered appearance and pleaded not guilty to the accusations. During trial the complainant examined himself as PW1 and marked Exts.P1 to P5 documents. The accused maintained a defence that the cheque handed over by him to the proprietor of Lucky Finance in a chitty transaction, was somehow procured by the complainant to bring a false complaint. Inspite of opportunities the accused did not adduce any evidence in defence. Accepting the evidence adduced by the complainant, the trial court found the revision petitioner guilty. On conviction under Section 138 of N.I Act he was sentenced to undergo simple imprisonment for three months, and was also directed to pay a compensation of 65,000/ - to the complainant under Section 357(3) Cr.P.C.

(3.) NOTICE on admission was given to the 1st respondent/complainant, but he did not turn up inspite of notice. On hearing the learned counsel for the revision petitioner, and on a perusal of the case records, I find no sufficient ground or reason to admit the revision to files. I find that the revision petition can be dismissed by granting some time to the revision petitioner to make payment of the compensation, as requested by the learned counsel.