KRISHNAKUMAR Vs. N P RAJAN AND ANR

JUDGEMENT

(1.) In this Revision filed under Section 397 read with Section 401 Cr.P.C. the petitioner who was the accused in S.T. No.1660/2002 on the file of the J.F.C.M., Mannarkkad challenges the conviction entered and the sentence passed against him for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act').

(2.) I heard the learned Counsel for the Revision Petitioner and the learned Public Prosecutor.

(3.) The learned Counsel appearing for the Revision Petitioner re-iterated the contentions in support of the Revision. The courts below have concurrently held that the cheque in question was drawn by the revision petitioner in favour of the complainant on the drawee bank, that the cheque was validly presented to the bank, that it was dishonoured for reasons which fall under Section 138 of the Act, that the complainant made a demand for payment by a notice in time in accordance with Clause (b) of the proviso to Section 138 of the Act and that the Revision Petitioner/accused failed to make the payment within 15 days of receipt of the statutory notice.