T MANIKANDAN 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. 10,000/-. It bears the date 28.02.2001. The petitioner now faces a simple imprisonment for a period of one month and to pay an amount of Rs. 10,500/- as compensation. No default sentence is imposed.

(3.) The signature in the cheque is admitted. Notice of demand though duly received and acknowledged did not admittedly evoke any response. The complainant examined himself as PW1 and proved Exts. P1 to P4. The accused did not adduce any oral evidence. He proved Exts. D1 series. The accused attempted to raise a contention in the course of the trial that the cheque was not issued for the due discharge of any legal enforcible debt/liability. It was handed over only as security to another person and not to the complainant, it was alleged.