VINODKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Revision Petition has been filed challenging the concurrent finding of conviction and sentence in a prosecution under Sec. 138 of the Negotiable Instruments Act (for short 'the N.I. Act').

(2.) The 2nd respondent filed a private complaint against the petitioner under Sec. 142 of the N. I. Act before the Judicial First Class Magistrate Court - II, Ottapalam (for short 'the trial court') as S. T. No.93/2017. The case of the 2nd respondent is that the petitioner borrowed a sum of ?4,00,000/- (Rupees Four lakhs only) from him on 10/10/2014 and towards the discharge of the said debt, Ext.P1 cheque was issued which on presentation was dishonoured for want of sufficient funds. Even though statutory notice under Sec. 138(b) of the N. I. Act was issued and received by the petitioner, there was no compliance. Hence, the prosecution was lodged.

(3.) Before the trial court, on the side of the complainant, the power of attorney holder of the complainant was examined as PW1 and Exts.P1 to P6 were marked. No defence evidence was adduced. After the trial, the trial court found the petitioner guilty under Sec. 138 of the N. I. Act and he was convicted for the said offence. He was sentenced to undergo simple imprisonment for a period of six months and to pay a compensation of Rs.4,00,000.00(Rupees Four lakhs only) to the 2nd respondent, in default to suffer simple imprisonment for a period of two months. The petitioner challenged the conviction and sentence of the trial court before the Additional Sessions Court - IV, Palakkad (for short 'the appellate court') as Criminal Appeal No.126/2018. The appellate court dismissed the appeal. This Criminal Revision Petition has been filed challenging the judgments of the trial court as well as the appellate court.