BABY VARKEY, THARAPPIL VEEDU Vs. P R SAROJANIAMMA

JUDGEMENT

(1.) The petitioner is the accused for offence under Sec.138 of the Negotiable Instruments Act in C.C.No.2918/2001 on the file of the Addl. Chief Judicial Magistrate's Court, Ernakulam, instituted on the basis of the complaint filed by the 1st respondent proprietary concern. The trial court, as per the impugned judgment rendered on 18.3.2006, had convicted the petitioner for the abovesaid offence and had sentenced him to undergo simple imprisonment for a period of 3 months and also to pay fine of Rs.75,000/- and in default of payment of the fine, the accused was to undergo simple imprisonment for a further period of 3 months. The fine amount so realised shall be disbursed to the complainant as compensation under Sec.357(1)(b) of the Cr.P.C. Aggrieved thereby, the petitioner had preferred Crl.Appeal No.299/2006 before the appellate court concerned. The appellate court concerned [Court of Addl. Sessions Judge (Ad hoc-II), Ernakulam] as per the impugned judgment rendered on 20.12.2006 had confirmed the abovesaid conviction, but had slightly modified the sentence by ordering that the substantive imprisonment for 3 months' simple imprisonment ordered by the trial court will stand reduced to one month and the direction to pay fine of Rs.75,000/- along with the default sentence of 3 months and that the fine amount is to be given to the complainant, as compensation this Court, have also been confirmed.

(2.) Heard Sri.Vijay Mathews, learned counsel appearing for the petitioner accused, Sri.R.Rajagopal, learned counsel appearing for the 1st complainant and Sri.Saigi Jacob Palatty, learned Prosecutor appearing for R-2 State.

(3.) The gist of the prosecution case is that towards discharge of liability owed by the accused to the complainant, the revision petitioner accused has issued Ext.P-2 cheque dated 4.9.2001 for amount of Rs. 60,000/- in favour of the complainant. The complainant presented the said cheque for encashment, which resulted in dishonour due to sufficiency of funds in the account.