KANNAN Vs. ADISIVA ENTERPRISES, KOLLAM

JUDGEMENT

(1.) The concurrent verdicts of convictions recorded and sentence awarded by the Chief Judicial Magistrate Court, Kollam and the Additional Sessions Court-VI, Kollam in S.T No.288/2014 and Crl.A No.131/2016 respectively, in connection with the commission of offence under Sec. 138 of the Negotiable Instruments Act (for short 'the N.I Act') by the petitioner herein, are under challenge in this revision petition.

(2.) The case relates to the dishonour of two cheques dtd. 24/2/2014 for the amounts Rs.19,75,000.00 and Rs.10,00,000.00 issued by the petitioner to the complainant/first respondent. The Trial Court relied on the evidence tendered by the complainant as PW1 and the documents marked as Exts.P1 to P9 from the part of the complainant, and the third party document marked as Ext.X1, to arrive at the conclusion that the petitioner committed the offence punishable under Sec. 138 of the N.I Act. Accordingly, the petitioner, who represented the first accused company, was sentenced by the learned Magistrate to undergo simple imprisonment for six months, and to pay a sum of Rs.29,50,000.00 as compensation to the complainant under Sec. 357(3) Cr.P.C. A default clause of simple imprisonment for a further period of four months was prescribed for non payment of compensation. Though the aforesaid verdict was challenged in appeal by the petitioner and the first accused company, the learned Additional Sessions Judge concurred with the findings of the learned Magistrate and dismissed the appeal confirming the conviction recorded and sentence awarded by the Trial Court. Aggrieved by the above concurrent verdicts of the Courts below, the petitioner is here before this Court with this revision petition.

(3.) Heard the learned counsel for the revision petitioner, the learned counsel for the first respondent, and the learned Public Prosecutor representing the State of Kerala.