RAJU Vs. K.M. WILSON

JUDGEMENT

(1.) ON an indictment under Section 138 of the Negotiable Instruments Act in a prosecution initiated by the 1st respondent herein before the Judicial First Class Magistrate Court -I, Ranni, that a cheque for 1,74,000/ - issued by the revision petitioner was dishonoured due to insufficiency of funds, and he failed to make payment in spite of notice, the revision petitioner faced prosecution, and he claimed to be tried when the particulars of the offence were read over and explained by the learned Magistrate.

(2.) THE complainant examined himself as PW1 and marked Exts. P1 to P6 during trial. The revision petitioner denied the incriminating circumstances when examined under Section 313 Cr.P.C., but, he did not adduce any evidence in defence.

(3.) AGGRIEVED by the conviction and sentence, the revision petitioner preferred appeal before the Court of Session, Pathanamthitta as Crl. A. No. 146 of 2012. In appeal, the learned Sessions Judge, Pathanamthitta confirmed the conviction, but modified the sentence. Accordingly, the jail sentence was reduced to imprisonment till rising of court and the direction to pay compensation was maintained. Now, the accused is before this Court in revision challenging the legality and propriety of the conviction and sentence.