IMBICHI ALI Vs. UDAYAN

JUDGEMENT

(1.) THE above revision is filed by the accused in C.C. No. 30/2008 of Judicial First Class Magistrate Court -IV, Kozhikode.

(2.) THE case was taken on file on the basis of a private complaint filed by the first respondent under section 138 of the Negotiable Instruments Act (herein after called the Act). The case of the complainant in the complaint was that accused borrowed a sum of Rs. 1,50,000/ - and in discharge of the liability he had issued Ext. P1 cheque and the cheque when presented was dishonoured for the reason funds insufficient vide Ext. P2 dishonour memo and that was intimated to the complainant by the banker vide Ext. P3 intimation letter. The complainant issued Ext. P4 notice on 14.12.2007 on the same day vide Ext. P5 postal receipt and it was returned with endorsement unclaimed. The accused had not paid the amount. So he had committed the offence punishable under section 138 of the Act that is the complaint.

(3.) AFTER considering the evidence on record, the court below found the revision petitioner guilty under section 138 of the Act and convicted him thereunder and sentenced him to undergo simple imprisonment for six months and also to pay a fine of Rs. 10,000/ - in default to undergo simple imprisonment for two months. It is further ordered that the fine amount is realised Rs. 5000/ - has to be paid to the complainant as compensation under section 357(3) of the code. Aggrieved by the same, the revision petitioner filed Crl. Appeal No. 99/2010 before the Sessions Court, Kozhikode and the same was made over to Additional Sessions Court, Kozhikode for disposal and the learned Additional Sessions Judge allowed the appeal in part and confirming the order of conviction but modified the sentence to imprisonment till rising of court and also to pay a fine of Rs. 1,50,000/ - in default to undergo simple imprisonment for three months and further directed to pay the fine amount is realised to the complainant as complainant under section 357(1)(b) of the Code. Aggrieved by the same, the present revision petition has been filed by the revision petitioner.