V.K. ASHRAF Vs. SHREYAS

JUDGEMENT

(1.) ADMIT .

(2.) THIS revision arises from the judgment dated 18.04.2009 in Crl.Appeal No. 829 of 2003 of the learned Additional Sessions Judge, Adhoc -III, Thalassery confirming the conviction and sentence imposed on the petitioner by the learned Judicial First Class Magistrate, Thalassery in C.C. No. 50 of 2003. Petitioner was found guilty for the offences punishable under Section 138 of the NI Act (for short, 'the Act'), convicted and sentenced to undergo simple imprisonment for six months and pay fine of Rs. 5,000/ - with default clause of imprisonment for three months.

(3.) LEARNED magistrate found that the cheque was issued by the petitioner for the discharge of a legally enforceable debt/liability, that in spite of dishonour intimation and demand, the petitioner did not pay the amount and consequently found him guilty. The conviction and sentence are confirmed by the learned Additional Sessions judge.