AMMED MALOL Vs. MANMADHAN M.P.

JUDGEMENT

(1.) ACCUSED in C.C. No. 48/12 of Judicial First Class Magistrate Court, No. - II, Vatakara is the revision petitioner herein.

(2.) THE case was taken on file on the basis of a private complaint filed by the 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, he pleaded not guilty. In order to prove the case of the complainant, complainant himself was examined as PW 1 and Exts. P1 to P3 and P5 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 he had no transaction with the complainant and he had borrowed some amount from one Sankaran and issued a blank signed cheque and though he paid the amount, the cheque was not returned and misusing the cheque, the present complaint has been filed. In order to prove this case, the accused himself was examined as DW 1. 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 simple imprisonment for three months and also to pay a fine of Rs. 1,25,000/ - in default to undergo simple imprisonment for two months. It is further ordered that if the fine amount is realized, the same be paid to the complainant as compensation under Section 357(1)(b) of Code of Criminal Procedure. Aggrieved by the same, he filed Crl. Appeal No. 640/12 before the Sessions Court, Kozhikode which was made over to Additional Sessions Court, Vatakara for disposal and the learned Additional Sessions Judge allowed the appeal in part confirming the order of conviction and fine imposed with direction to pay compensation out of fine, but, modified the substantive sentence to imprisonment till rising of court and default sentence to three months. Aggrieved by the same, the present revision has been filed by the revision petitioner -accused before the court below.