K R MANOJ KUMAR 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 Negotiable Instruments Act.

(2.) The cheque is for an amount of Rs.80,000/-. It bears the date 21/08/2004. It is revealed that there was an earlier prosecution and it is in settlement of the said prosecution that the cheque was issued. The complainant examined himself as PW1 and proved Exts.P1 to P7. The accused did not adduce any evidence oral or documentary.

(3.) The courts below, in these circumstances, concurrently came to the conclusion that the complainant has succeeded in establishing all the ingredients of the offence punishable under Section 138 of the N.I Act. Accordingly they proceeded to pass the impugned concurrent judgments.