NARAYANANKUTTY .C Vs. STATE OF KERALA

JUDGEMENT

(1.) THE revision petitioner herein challenges the legality and propriety of the conviction and sentence against him under Section 138 of the Negotiable Instruments Act in C.C No.582 of 2010 of the Judicial First Class Magistrate Court -II, Palakkad. He is a Bank employee. Prosecution was initiated by the 2nd respondent herein. The case of the 2nd respondent is that a cheque for 99,500/ - issued by the revision petitioner in discharge of some amount borrowed by him was dishonoured due to insufficiency of funds, and in spite of statutory notice, the revision petitioner failed to make payment of the cheque amount.

(2.) THE revision petitioner pleaded not guilty in the trial court when the substance of the accusation was read over and explained by the learned Magistrate, and he claimed to be tried. During trial, the complainant examined himself as PW1 and also marked Exts.P1 to P6. The revision petitioner denied the incriminating circumstances when examined under Section 313 of Cr.P.C, and maintained a defence that he had no transaction with the complainant. No evidence in defence was adduced by the revision petitioner, though opportunity was granted by the trial court.

(3.) AGGRIEVED by the conviction and sentence, the revision petitioner approached the Court of Session, Palakkad with Crl.A No.67 of 2013. In appeal, the learned IInd Additional Sessions Judge, Palakkad confirmed the conviction, but modified the sentence. Accordingly, the jail sentence was reduced to imprisonment till rising of court, and the direction to pay compensation was altered to a fine sentence of 1,01,000/ -.