JAYAKRISHNAN Vs. UNNIKRISHNAN 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 Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the N.I. Act') in Criminal Appeal No. 259/01 on the files of the Court of III Additional Sessions Judge (Ad hoc), Fast Track Court-I, Thrissur. The above appeal was filed challenging the judgment whereby the revision petitioner was found guilty of the said offence, passed in S.T.No.3429/99 on the files of the Judicial First Class Magistrate's Court, Wadakkancherry. According to the impugned judgment the revision petitioner stands sentenced to undergo simple imprisonment for a period of three months and to pay an amount of Rs. 38,000/- to the complainant as compensation, under Section 357(3) of the Cr.P.C. The legality and propriety of the concurrent findings of conviction and sentence are under challenge in this Revision Petition.

(2.) Heard the learned counsel for the revision petitioner and the learned counsel for the respondent.

(3.) The sole point raised by the learned counsel for the revision petitioner is that the complaint was not maintainable as the same was filed before the expiry of 15 days from the date of refusal of the lawyer's notice. Going by the impugned judgment, it could be seen that the accused had refused to accept the lawyer's notice on 20.9.1999. The complaint was filed on 29.9.1999 and the cognisance was taken on the same day itself. Thus, factually the allegation stands undisputed.