PATTASSERIL PRIVATE LTD. Vs. STATE OF KERALA

JUDGEMENT

(1.) Under challenge in this revision petition is the conviction and sentence rendered against the revision petitioners under Sec. 138 of the Negotiable Instruments Act (hereinafter referred to as 'NI Act' for short).

(2.) The revision petitioners are the accused Nos.1 to 3 respectively, in CC No.2764 of 2001 on the files of the Judicial First Class Magistrate Court -II, Ernakulam. They stood trial before that court for committing an offence punishable under Sec. 138 of NI Act.

(3.) The complainant is a company engaged in the manufacturing and sale of cement. The 1st accused is a private limited company, and the 2nd and 3rd accused are the directors of the 1st accused. The 1st accused purchased cement from the complainant company and, in discharge of the said liability, issued Ext.P2 cheque dtd. 21/8/2001 for Rs.8,71,695.00 drawn on Canara Bank, Kadavanthra Branch. But when the cheque was presented for collection, it got dishonored for the reason that funds are insufficient. The statutory notice issued also did not evoke any response. Hence, the complainant approached the trial court by filing the afore complaint.