SAMEER A.M. Vs. SOOPPY A.M.

JUDGEMENT

(1.) ACCUSED in S.T. No. 907/2011 on the file of the Judicial First Class Magistrate Court, Nadapuram is the revision petitioner herein. The case was taken on file on the basis of a private complaint filed by the complainant alleging offence under section 138 of Negotiable Instrument Act (hereinafter called the Act).

(2.) THE case of the complainant in the complaint was that he advanced Rs. 10,00,000/ - to the accused who agreed to pay Rs. 10,000/ - as profit during the year 2009 and that was not fulfilled. Thereafter Ext. P1 agreement was executed by the accused undertaking to pay the amount and in the discharge of the liability, he had issued Ext. P2 cheque. The cheque when presented was dishonoured for the reason funds insufficient vide Ext. P3 dishonour memo and that was intimated to the complainant by Ext. P4 intimation letter. The complainant issued Ext. P5 notice dated 22.08.2011 intimating the dishonour and demanding payment of the amount, on the same day vide Ext. P6 postal receipt and the same was received by the accused evidenced by Ext. P7 postal acknowledgement. Ext. P8 is a reply notice issued. The accused had not paid the amount. So he had committed the offence punishable under Section 138 of the Act. Hence the complaint.

(3.) AGGRIEVED by the same, the revision petitioner filed Criminal Appeal No. 651/2012 before the Sessions Court, Kozhikode, which was made over to the Additional Sessions Judge, Fast track, (Adhoc -II) Kozhikode for disposal and the learned Additional Sessions Judge by the impugned judgment dated 21.03.2013 confirming the order of conviction and sentence, dismissed the appeal against which the present revision petition has been filed by the revision petitioner.