BALASUBRAMANIAN Vs. SUDARSANAN

JUDGEMENT

(1.) The accused in C.C. No. 195/2009 on the file of the Judicial First Class Magistrate Court-II, Cherthala is the revision petitioner herein. The case was taken on file on the basis of a private complaint filed by the complainant/first respondent herein against the revision petitioner alleging commission of the offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the Act).

(2.) The case of the complainant in the complaint was that the accused borrowed a sum of Rs. 90,000/- and in discharge of that liability, he had issued Ext. P1 cheque dated 18.7.2008 and the same was presented earlier for collection and that was dishonoured evidenced by Exts. P2 and P3 dishonour memos dated 25.7.2008. Again the cheque was presented and the same was dishonoured for the same reason evidenced by Ext. P4 dishonour memo dated 14.8.2008. The complainant issued Ext. P5 notice vide Ext. P6 postal receipt. The same was received by the accused evidenced by Ext. P7 postal acknowledgment. He had sent Ext. P8 reply notice showing false allegations and he did not pay the amount. So he had committed the offence punishable under Section 138 of the Act. Hence the complaint.

(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, Pws 1 and 2 were examined and Exts. P1 to P9 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 had denied all the incriminating circumstances brought against him. The revision petitioner had further stated that the brother-in-law of the complainant was working as a Supervisor under him during 2002 and he used to hand over signed blank cheques to him whenever materials were supplied and he had created financial irregularities and he was dismissed from service and misusing one of the cheques entrusted to him, the present complaint has been filed. No defence evidence was adduced on his side. After considering the evidence on record, the trial court found the revision petitioner guilty under Section 138 of the Act and convicted him thereunder and sentenced him to undergo simple imprisonment for three months and also to pay cheque amount of Rs. 90,000/- as compensation to the complainant, in default to undergo simple imprisonment for 15 days under Section 357(3) of the Code. Aggrieved by the same, he filed Crl.A.130/2013 before the Sessions Court, Alappuzha, which was made over to 1st Additional Sessions Court, Alappuzha for disposal and the 1st Additional Sessions Judge dismissed the appeal confirming the order of conviction and sentence passed by the court below. Aggrieved by the same, the present revision has been filed by the revision petitioner/accused before the court below.