K D JOY DEVASSI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was found guilty for the offence under Section 138 of the Negotiable Instruments Act and he was sentenced to undergo simple imprisonment for six months. He was also directed to pay a compensation of Rs.1,25,000/- under Section 357(3) of the Code of Criminal Procedure. The petitioner challenged the conviction and sentence in appeal. The Appellate Court confirmed the conviction and sentence and dismissed the appeal.

(2.) The case of the complainant is that a sum of Rs.1,25,000/- was borrowed by the accused on 23.3.1999 and in discharge of that debt the accused issued Ext.P2 cheque dated 8.4.1999. On presentation of the cheque, it was dishonoured on the ground of insufficiency of funds in the account of the accused. Ext.P5 notice was sent to the accused, to which he sent a reply notice, marked as Ext.D1.

(3.) Before the trial court, PW1 was examined on behalf of the complainant, PW1 being his power of attorney holder, and Exts.P1 to P10 were marked. On behalf of the accused, DW1 was examined and Exts.D1 to D2(a) were marked.