K.N. BASHEER Vs. D. MAMOOTY

JUDGEMENT

(1.) THE revision petitioner challenges the legality and propriety of the conviction and sentence against him under Section 138 of the Negotiable Instruments Act. A cheque issued by him in favour of the 1st respondent herein for 3 lakhs in discharge of a debt was dishonoured due to insufficiency of funds, and in spite of statutory notice, he failed to make payment of the cheque amount.

(2.) HE pleaded not guilty during trial, and claimed to be tried. The complainant (the 1st respondent herein) examined himself as PW1 during trial, and also marked Exts. P1 to P6. Though the revision petitioner made serious contest, he did not adduce any evidence in defence to prove or probabilise his case that he is not liable to pay the amount covered by the cheque, or that it is not supported by any consideration.

(3.) AGGRIEVED by the conviction and sentence, the revision petitioner approached the Court of Session, Pathanamthitta with Crl. A No. 277 of 2013. In appeal, the learned Sessions Judge confirmed the conviction but, modified the sentence by reducing the imprisonment for three months to imprisonment till rising of the court. However, the direction to pay compensation was maintained.