SHANMUGHAN R. Vs. STATE OF KERALA

JUDGEMENT

(1.) Crl.R.P.No.1090 of 2017 is filed by the accused in 138 matter challenging his conviction and sentence and Crl.R.P.No.896 of 2017 is filed by the complainant in the same case, seeking enhancement of sentence.

(2.) The parties are hereinafter referred to as in their status before the trial court, for convenience.

(3.) The accused faced trial for committing an offence punishable under Sec. 138 of the Negotiable Instruments Act (for short 'the N.I.Act') in S.T.No.7867 of 2011 before the Judicial First Class Magistrate Court-I, Kollam. The case of the complainant was that the accused purchased some gold ornaments from the complainant and thereafter had issued Ext.P1 cheque dtd. 25/10/2010 for an amount of Rs.5,50,124.00 for discharging the said debt. When the cheque was presented for encashment, it got dishonoured for the reason that funds are insufficient. The statutory notice issued also did not evoke any response. Hence, the complainant approached the trial court by filing S.T.No.7867 of 2011.