SURESH KUMAR Vs. P. K. VIJAYAKUMAR

JUDGEMENT

(1.) This criminal revision petition has been filed challenging the judgments passed by the Chief Judicial Magistrate Court, Pathanamthitta (for short 'the trial court') in S.T.No.374/2016 dtd. 30/7/2018 and the Additional District and Sessions Court-II, Pathanamthitta (for short 'the appellate court') in Crl.A.No.70/2018 dtd. 17/8/2021.

(2.) The revision petitioner is the accused in a prosecution initiated against him under Sec. 138 of the Negotiable Instruments Act (for short 'the NI Act'). The 1st respondent is the complainant. The case of the 1st respondent is that the revision petitioner borrowed a sum of Rs.3,50,000.00 from him and towards the discharge of the said debt, Ext.P1 cheque was issued. On presentation, it was dishonoured for want of sufficient funds. Though statutory notice under Sec. 138(b) of the NI Act was issued and it was received by the revision petitioner, there was no compliance. It was in these circumstances, the private complaint was filed.

(3.) Before the trial court, the complainant was examined as PW1 and Exts. P1 to P5 were marked. No evidence was adduced by the revision petitioner/accused. After trial, the trial court found that the revision petitioner has committed offence punishable under Sec. 138 of the NI Act and he was convicted and sentenced to undergo simple imprisonment for two months and to pay a fine of Rs.7,00,000.00, in default, to suffer simple imprisonment for thirty days. The fine amount, if realised, was ordered to be paid to the 1st respondent as compensation under Sec. 357(1) of the Cr.P.C. The revision petitioner challenged the said judgment before the appellate court in Crl.A.No.70/2018. The appellate court dismissed the appeal confirming the conviction and sentence. This criminal revision petition has been filed challenging both the judgments of the trial court and the appellate court.