PUTHUKUDI ABDURAHIMAN Vs. P K VIJAYAN

JUDGEMENT

(1.) THE revision petitioner stands convicted for the offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for six months and to pay fine of Rs.5,000/- and in default to undergo simple imprisonment for two months. THE case of the complainant is that two cheques for Rs.25,000/-each dated 15-2-1997 and 5-3-1997 issued towards the discharge of liability were dishonoured for want of funds in the account of the accused. THE contention raised before the courts below was that notice was not served and hence the mandatory statutory formalities under Section 138 has not been complied with. It is the case of the complainant that the amount was borrowed by the accused and subsequently he promised him to procure a visa. I find that no contra evidence has been adduced to rebut the statutory presumptions. In the circumstances, I find no reason to interfere in the findings of the courts below. All the same considering the plea of the counsel for the petitioner, the sentence is modified to imprisonment till the rising of the court and to pay a sum of Rs.50,000/- to the complainant under Section 357(3)Cr.P.C. less the amount already deposited, if any, and

(2.) IN default to undergo simple imprisonment for three months. The petitioner shall appear before the Judicial First Class Magistrate, Vadakara on 16-3-2007 to receive the sentence. The Crl.revision petition is disposed of accordINgly.