PRAMOD P.P. Vs. M.O. DAVID

JUDGEMENT

(1.) THE revision petitioner herein is aggrieved by the conviction and sentence against him under Section 138 of the Negotiable Instruments Act in CC.No. 628/2008 before the Judicial First Class Magistrate Court -I, Perumbavoor. The prosecution was initiated by the first respondent herein on the allegation that a cheque for Rs. Two lakhs issued by the revision petitioner in discharge of the amount borrowed by him was dishonoured due to insufficiency of funds, and inspite of statutory notice, he failed to make payment of the cheque amount.

(2.) THE revision petitioner pleaded not guilty in the trial court, and claimed to be tried. During trial, the complainant examined himself as Pw1 and marked Exts. P1 to P4. No defence evidence was adduced on the side of the revision petitioner to prove the claim regarding the actual amount due. On an appreciation of the evidence the learned Magistrate found the revision petitioner guilty under Section 138 of the NI Act. On conviction he was sentenced to undergo simple imprisonment for six months, and was also directed to pay a compensation of Rs. Two lakhs to the complainant under Section 357(3) Cr.PC.

(3.) NOTICE on admission was given to the first respondent. On hearing the learned counsel on both sides and on a perusal of the case records I find that this revision can be disposed of, with some modification in sentence, without causing any prejudice or hardship to the first respondent/complainant.