SEETHA K. MOORTHY Vs. M. CHANDRAN AND ORS.

JUDGEMENT

(1.) The revision petitioner who is the first respondent/ complainant in Cri. A. 492 of 2005 on the file of Sessions Court, Thrissur challenges the concurrent finding of conviction under Section 138 of Negotiable Instruments Act (hereinafter referred to as the 'N.I. Act'). He was the complainant in C. C. 902 of 2002 on the file of Judicial First Class Magistrate III, Thrissur which was filed under Section 138 of N.I. Act. The accused is the first respondent in this revision petition and he was convicted by the trial court under Section 138 of the N.I. Act, and sentenced to imprisonment till rising of court and to pay compensation of Rs. 1,30,000/- under Section 357(3), Cr. P. C and in default of payment of compensation, simple imprisonment for six months.

(2.) The revision petitioner's case in the trial court was that first respondent issued a cheque for Rs. 2,46,497.90 to the complainant drawn on Bank of India, Nandikkara branch. When it was presented for encashment through IOB, Thrissur Branch, it was dishonoured for the reason of funds insufficient. The complainant gave a notice in writing to the accused and demanded the due amount. There was no repayment, even after receipt of notice. In the circumstance, he filed the above complaint in the Judicial First Class Magistrate III, Thrissur.

(3.) During trial, revision petitioner examined PW1 and PW2. His documents were marked as Ext. P1 to P15. The incriminating circumstances brought out in evidence were denied by the accused/first respondent while questioning him. He examined DW1 as defence witness. Trial court after analysing the oral and documentary evidence, convicted the first respondent under Section 138 of the N.I. Act and sentenced him. Against that, he preferred Cri. A. 492 of 2005, wherein the conviction passed by the trial court was confirmed and the sentence was modified to imprisonment till rising of court and to pay compensation of Rs. 1,33,000/- under Section 357(3), Cr. P. C. and in default of payment of compensation, simple imprisonment for two months. Being aggrieved by that, the de facto complainant preferred this revision petition to enhance the sentence.