SELVARAJ Vs. P.RULES SUKUMARAN

JUDGEMENT

(1.) ACCUSED in C.C. No. 639/12 on the file of Judicial First Class Magistrate Court, No. 1, Chengannur is the revision petitioner herein.

(2.) THE case was taken on file on the basis of a private complaint filed by the complainant alleging offences under Section 138 of the Negotiable Instruments Act (hereinafter called '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, complainant himself was examined as PW 1 and Exts. P1 to P6 were marked on his side. After closure of the complainant's evidence, the accused was questioned under Section 313 of Code of Criminal Procedure and he denied all the incriminating circumstances brought against him in the complainant's evidence. He had further stated that the cheque was issued not in discharge in the liability, but as a security for the payment of the amount and so, no offence is committed. In order to prove his case, the accused himself was examined as DW 1 and Ext. D1 was marked on his side. After considering the evidence on record, the court below found the revision petitioner guilty under Section 138 of Negotiable Instruments Act and convicted him thereunder and sentenced him to undergo simple imprisonment for three months and also to pay the cheque amount of Rs. 1,16,000/ - as compensation and in default to undergo simple imprisonment for three months more under Section 357(3) of Code of Criminal Procedure.