SARAFUDHEEN Vs. BHASKARAN

JUDGEMENT

(1.) The revision petitioner is the accused in S.T. No. 79/2007 on the files of the Judicial First Class Magistrate Court, Alathur, as well as the appellant in Crl. Appeal No. 468/2008 on the file of the Additional Sessions Court, Palakkad Division. He was prosecuted for the offence punishable under Section 138 of the Negotiable Instruments Act (for short "the Act"), on a complaint filed by the 1st respondent herein. After trial the learned Magistrate found the revision petitioner guilty of the said offence and convicted thereunder, he was sentenced to undergo simple imprisonment for a period of 2 months for the offence under Section 138 of the Act, and directed to pay compensation of Rs. 1,50,000/- to P.W. 1 being the cheque amount, and in default simple imprisonment for a further period of 3 months.

(2.) Aggrieved by the conviction and sentence though he had preferred the above criminal appeal after re-appreciating the entire evidence on record, the learned Sessions Judge also concurred with the findings of conviction and sentence and dismiss the appeal. The legality, propriety and correctness of the said findings whereby, the appellate court concurred with the conviction and sentence are under challenge in this revision petition.

(3.) It is the case of the 1st respondent that the revision petitioner had borrowed a sum of Rs. 1,50,000/- from the 1st respondent on 30.6.2004 and issued a post dated cheque for Rs. 1,50,000/- dated 30.6.2006 to the 1st respondent in discharge of the aforesaid debt on that date itself. When the cheque was presented for payment in bank the same was dishonored, and returned for want of sufficient funds. Though he had caused to issue a lawyer's notice demanding the cheque amount, the revision petitioner didn't pay the said amount nor did he sent a reply denying that the liability under the cheque. Therefore the appellant committed the offence punishable under the Section 138 of the Act.