SHAJI Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) This Revision Petition is filed challenging the concurrent findings of conviction entered and the sentence imposed on the Revision Petitioner for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, 'the N.I. Act') in Criminal Appeal No. 207/2013 on the files of the Additional Sessions Judge -IV, Kottayam. The above appeal was filed challenging the judgment finding that the Revision Petitioner is guilty of the said offence, passed in C.C. No. 23/2011 on the files of the Judicial First Class Magistrate's Court -II, Vaikom. According to the impugned judgment, the Revision Petitioner is sentenced to undergo simple imprisonment for one day till rising of the court and to pay a compensation of Rs. 50,000/ - to the complainant under Sec. 357(3) Cr.P.C. and in default, to undergo simple imprisonment for two months.

(2.) The complainant's case is that the complainant and accused are known to each other. In July, 2010, accused demanded an amount of Rs. 50,000/ - from the complainant and on 01.08.2010, the complainant gave the amount to the accused. In discharge of the said liability, the accused issued Ext. P1 cheque dated 4.9.2010 for an amount of Rs. 50,000/ - drawn on the account maintained by him with Sherthallay Co -operative Urban Bank Limited, Thanneermukkom Branch to the complainant. When he presented the cheque for encashment, the same was dishonored for want of sufficient funds. Though he caused to issue a lawyer's notice demanding the cheque amount, the accused did not make any payment and thereby committed the offence punishable under Sec. 138 of the N.I. Act.

(3.) When the accused was questioned under Sec. 313 of the Cr.P.C., he denied all the incriminating circumstances put to him. He filed an additional statement wherein he stated that he had no money transaction with the complainant. On 20.3.2010, he borrowed an amount of Rs. 25,000/ - from one Sabeesh Raju, Vechoor. At that time, he had entrusted two signed blank cheque leaves and a signed blank stamp paper as security with him. He had repaid a total amount of Rs. 17,750/ - in daily installments of Rs. 250/ - to the said Sabeesh Raju. Since the balance amount was not paid, the present complaint was lodged through the complainant by misusing the blank signed cheque leaves.