RADHAKRISHNAN NAIR Vs. K.P. SURESH

JUDGEMENT

(1.) THIS Revision Petition is filed challenging the concurrent findings of conviction entered and the sentence imposed on the Revision Petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the N.I. Act') in Criminal Appeal No. 599/1999 on the files of the Sessions Court, Kozhikode. The above appeal was filed challenging the judgment finding that the Revision Petitioner is guilty of the said offence, passed in C.C. No. 464/1997 on the files of the Judicial First Class Magistrate's Court, Vadakara. According to the impugned judgment, the Revision Petitioner is sentenced to undergo simple imprisonment for a period of six months and is directed to pay a compensation of Rs. 50,000/ - to P.W.1/the complainant.

(2.) THE case of the complainant, in brief, is as follows: The revision petitioner/accused owed a sum of Rs. 50,000/ - to the complainant and for the said liability, he issued a cheque dated 21/4/1997 drawn on Canara Bank at its Mahe, Palloor Branch. When the cheque was presented in the bank, it was returned unpaid stating that there was no sufficient fund in the account of the accused and that the payment was stopped by the drawer. So, he sent a notice to the accused intimating the fact of dishonour of the cheque and demanding the amount covered by it. Though the accused accepted the notice, he has not paid the cheque amount. But he sent a reply notice raising false contentions. The accused has, therefore, committed an offence punishable under Sec. 138 of the N.I. Act.

(3.) AT last, the learned counsel for the revision petitioner confined his challenge to sentence only. The sentence imposed on the Revision Petitioner is disproportionate with the gravity and nature of the offence. He further submits that the Revision Petitioner is willing to pay the compensation as ordered by the court below; but he is unable to raise the said amount forthwith due to paucity of funds. But he is ready to pay the compensation within two months.