T.S. JOSEPH Vs. AIJU GEORGE MATHEW

JUDGEMENT

(1.) ACCUSED in S.T. No. 2935/09 on the file of Judicial First Class Magistrate Court, No -II (Mobile) Kottayam is the revision petitioner herein.

(2.) THE case was taken on file on the basis of a private complaint filed by the first respondent as complainant under Section 138 of the Negotiable Instruments Act (hereinafter called 'the Act')

(3.) WHEN the accused appeared before the court below, the particulars of offences were read over and explained to him and he pleaded not guilty. In order to prove the case of the complainant, the complainant himself was examined as PW1 and two witnesses were examined as PWs 2 and 3 and Exts. P1 to P12 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 had denied the incriminating circumstances brought against him in the complainant's evidence. He had further stated that he had not borrowed any amount and in fact, he was a real estate broker and he had arranged sale of the property and the amount paid is the commission payable and the cheque was obtained as a security. But, later it was misused and the present complaint was filed. In order to prove his case, the accused himself was examined as DW1. After considering the evidence on record, the court below found the revision petitioner guilty under Section 138 of the Act and convicted him thereunder and sentenced him to undergo imprisonment till rising of court and also to pay the cheque amount of Rs. 4,00,000/ - as compensation in default to undergo simple imprisonment for six months under Section 357(3) of Code of Criminal Procedure. Dissatisfied with the same, the revision petitioner filed Crl. Appeal No. 447/10 before the Sessions Court, Kottayam which was made over to Additional Sessions Court, Special Judge, Kottayam for disposal and the learned Additional Sessions Judge by the impugned judgment, dismissed the appeal. Aggrieved by the same, the present revision has been filed by the revision petitioner who is the accused in the court below.