ANEESHA Vs. STATE OF KERALA

JUDGEMENT

(1.) Whether the presumption under Sec. 139 of the Negotiable Instruments Act is available in a prosecution based on a "cash cheque" is the question to be decided in this case. The Revision Petitioner is the accused in S.T. No.187/2019 on the file of the Judicial Magistrate of First Class-IV, Kollam. The above case was filed by the 2nd respondent herein alleging offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'NI Act'). (Hereinafter, the petitioner and the 2nd respondent are mentioned as the accused and the complainant, respectively.)

(2.) The case of the complainant in brief, as per the complaint, is as follows:-

(3.) To substantiate the case, the complainant himself was examined as PW1. Exts.P1 to P6 were marked as exhibits on the side of the complainant. No defence evidence was adduced. On going through the evidence and the documents, the trial court found that the accused was guilty under Sec. 138 of the NI Act and she was sentenced to undergo simple imprisonment for a period of three months and to pay compensation of Rs.4,00,000.00 (Rupees Four lakhs only) to the complainant under Sec. 357(3) of the Criminal Procedure Code (for short 'Cr.P.C.'). In default of payment of compensation, the accused was directed to undergo simple imprisonment for a further period of one month.