IBRAHIMKUTTY HAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision petition is directed against a concurrent verdict of guilty, conviction and sentence in a prosecution under Section 138 of the N. I. Act.

(2.) The cheque is for an amount of Rs. 1,50,000/-. It bears the date 12/5/1998. The cheque, when presented for encashment was dishonoured by the bank on the ground of insufficiency of funds. Notice of demand, though duly addressed and dispatched by prepaid post, was returned unclaimed. The complainant thereupon came to the court with a complaint under Section 138 of the N. I. Act.

(3.) The complainant examined himself as P. W. 1 and post woman, who allegedly gave the intimation, as P. W. 2. Exts. P1 to P6 were marked. The accused examined himself as D. W. 1. He had called for Ext. D1 postman's book maintained by P. W. 2 and marked Ext. D1 (a).