JOSE Vs. JOY P C

JUDGEMENT

(1.) The revision petitioner was convicted and sentenced by the Magistrate court to undergo simple imprisonment for a period of 5 months for offence under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act'). The revision petitioner-accused was also directed to pay a sum of Rs. 1,50,000/- as compensation under Section 357(3) of Cr.P.C. and in default to undergo simple imprisonment for a period of 2 months.

(2.) In appeal, the conviction was confirmed by the Sessions Court but the sentence of 5 months was modified to simple imprisonment till rising of the court. The compensation was confirmed. The said conviction and sentence are challenged by the accused in Cr.R.P. No. 4487 of 2006. The complainant filed a revision (Crl.R.P. 3275/06) challenging the illegality of the sentence passed. Both these revisions are heard together and disposed of by this common judgment.

(3.) Facts briefly: (The parties will be referred to as complainant and accused, for convenience sake). The accused allegedly gave Ext. P1 cheque in discharge of a debt/liability which he owed towards the complainant. The cheque, on presentation, was dishonoured on the ground of insufficiency of fund. A notice was sent demanding payment but no payment was made. He, however, sent a reply notice. After complying with the legal requirements complaint was filed alleging that the accused committed offence under Section 138 of the Act.