SARATH C Vs. MUTHOOT LEASING & FINANCE LTD

JUDGEMENT

(1.) Revision Petitioner is the accused in S.T.No.4012/2013 on the files of Judicial First Class Magistrate Court, Ottappalam, and he is the appellant in Crl.Appeal No.404/2014 of Sessions Court, Palakkad. In this revision, he assails the judgment of conviction and order of sentence against him for the offence punishable under Sec. 138 of Negotiable Instruments Act, 1881 (for short 'N.I.Act')

(2.) The parties shall be referred to as complainant and accused as shown in S.T.No.4012/2013.

(3.) The case of the complainant 'Muthoot Leasing and Finance Ltd.' is that on 6/4/2006, the accused stood as a guarantor for a vehicle loan of Rs.3,78,000.00 availed by his brother Aneesh from its branch at Palakkad and issued postdated cheques for the repayment of the loan in monthly instalments. But the said cheques issued by the accused were dishonoured one by one. When the complainant intimated the said fact to the accused, he issued Ext.P2 cheque dtd. 7/2/2009, for an amount of Rs.3,90,000.00 drawn on Canara Bank, Ottappalam branch, towards repayment of the balance loan amount with interest. Though the complainant presented Ext.P2 cheque for encashment, it was also bounced stating the reason 'no such account'. Though the complainant caused to issue notice to the accused intimating the factum of dishonour of cheque and demanding the amount covered by the cheque, accused purposely evaded the notice. Accused failed to pay the amount covered by Ext.P2 cheque and thereby committed the offence punishable under Sec. 138 N.I Act.