PONNAPPAN Vs. MANAPPURAM GENERAL FINANCE LEASING LIMITED

JUDGEMENT

(1.) A cheque for 33,551/- issued by the revision petitioner in favour of the 1st respondent in discharge of a debt incurred by him in a loan transaction was bounced due to insufficiency of funds. When he failed to make payment on demand, the 1st respondent brought complaint under Section 138 of the Negotiable Instruments Act in S.T. No. 900/2007 before the Judicial First Class Magistrate Court III, Thrissur.

(2.) The revision petitioner entered appearance and pleaded not guilty to the accusations. During trial the complainant examined one witness and marked Exts. P1 to P10. But the accused did not adduce any evidence in defence to prove or probabilise his case, disputing the correctness of the amount due, and that the cheque in question was handed over simply as a security. Accepting the evidence adduced by the complainant, the trial court found the revision petitioner guilty under Section 138 of the Negotiable Instruments Act. On conviction he was sentenced to undergo imprisonment for one month, and was also directed to pay a compensation of 33,551/- to the complainant under Section 357(3) Cr.P.C.

(3.) Aggrieved by the conviction and sentence, the accused approached the Court of Session, Thrissur with Crl. A No. 318/2011. In appeal the learned 1st Additional Sessions Judge, confirmed the conviction, but modified the sentence. Accordingly, the direction to pay compensation was altered to a fine sentence of 38,000/- from out of which 37,000/- was ordered to be given as compensation to the complainant.