N K SHAJI Vs. E V JOSHY

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.70,000/-. It bears the date 1.10.2003. The petitioner now faces a sentence of S.I. for a period of six months. There is also a direction to pay the actual cheque amount of Rs. 70,000/- as compensation and in default to undergo S.I. for a further period of two months.

(3.) The signature in the cheque is admitted. The notice of demand, though addressed in the correct address of the petitioner, was returned unclaimed and did not admittedly succeed in securing payment. The complainant examined himself as PW1 and proved Exts.P1 to P6. The accused, in the course of the trial, attempted to advance a contention that the cheque was not issued for the due discharge of any legally enforcible debt/liability. He took up a defence which appears to me to be strange. He contended that PW1, along with DW3, were co-producers of a music album, in which the petitioner was requested to render songs by whistling. He is said to be an expert in that art form. According to him, PW1 insisted when the said arrangement was struck that two blank signed cheques and a signed blank paper must be given by the petitioner to PW1 in order to secure his interests. The suggestion appears to be that PW1 apprehended that the petitioner may make himself scarce and unavailable to complete the project. It was hence that the petitioner was compelled to part with two signed blank cheques, of which one was allegedly misutilised by the complainant to stake the present untenable and false claim against the petitioner. He examined himself as DW1 and a person as DW2, who claimed to be the P.R.O. in the project of releasing the music album. DW3 is another person, who, according to the petitioner, was the co-producer of the music album. Mos 1 and 2 were produced. They are the C.D. cassette and audio cassette in which PW1 is described as a co-producer along with DW3.