V.M. MAHESH Vs. SATE OF KERALA

JUDGEMENT

(1.) THE accused in ST.128/12 on the file of the Judicial First Class Magistrate Court -III, Kanjirappilly is the revision petitioner herein.

(2.) THE case was taken on file on the basis of a private complaint filed by the second respondent/complainant against the revision petitioner alleging the offence under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the Act).

(3.) WHEN the revision petitioner appeared before the court below, particulars of offences were read over and explained to him and he pleaded not guilty. In order to prove the case of the complainant, the complainant himself was examined as PW1 and Exts. P1 to P7 were marked on his side. After closure of the complainant's evidence, the revision petitioner was questioned under Section 313 of the Code and he denied all the incriminating circumstances brought against him in the complainant's evidence. He had further stated that he had not borrowed any amount and issued any cheque in discharge of any liability and he borrowed only Rs. 60,000/ - and issued a blank signed cheque as security. Later the amount was paid but the cheque was not returned and misusing the cheque, the present complaint has been filed. No evidence was adduced on his side in defence. After considering the evidence on record, the trial court found the revision petitioner guilty under Section 138 of the Act convicted him thereunder and sentenced him to undergo simple imprisonment for three months and also to pay cheque amount of Rs. 1,50,000/ - with 9% interest from 16.8.2010 till realization, in default to undergo simple imprisonment for six months under Section 357(3) of the Code. Aggrieved by the same, the revision petitioner filed Crl.A. No. 252/2013 before the Sessions Court, Kottayam which was made over to the 1st Additional Sessions Court, Kottayam for disposal and the learned Additional Sessions Judge allowed the appeal in part confirming the order of conviction but set aside the order of sentence imposed by confining the sentence to fine of Rs. 2 lakhs, in default to undergo simple imprisonment for three months and it is further ordered that the fine amount is realized, the same shall be paid to the complainant as compensation under Section 357(1)(b) of the Code and time was granted for payment of the same. Aggrieved by the same, the present revision has been filed by the revision petitioner/accused before the court below.