MOHAMMED SALI Vs. K. BABU

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Section 138 of the Negotiable Instruments Act (for short, 'the N.I. Act') in C.C.No.130/2002 of the Judicial First Class Magistrate Court-II, Haripad. The said prosecution was brought by the first respondent herein on the allegation that a cheque for Rs.25,000/- issued by the accused in discharge of the amount borrowed by him from the complainant was bounced due to insufficiency of funds, and the accused failed to make payment of the cheque amount in spite of statutory notice. The accused appeared before the learned Magistrate, and pleaded not guilty, when the substance of the accusation was read over and explained to him.

(2.) The complainant examined himself, and proved Exts.P1 to P6 documents. The accused denied the incriminating circumstances, when examined under Section 313 Cr.P.C., and projected a defence that the money was in fact borrowed by him in 1997, and he has discharged that debt. In defence, he examined two witnesses, and proved Exts.D1 to D7 documents.

(3.) On an appreciation of the evidence, the trial court found the accused guilty. On conviction, he was sentenced to undergo simple imprisonment for one month. As the civil suit filed by the complainant was pending at that time, the learned Magistrate did not make any direction to pay compensation. Aggrieved by the judgment of conviction dated 10.12.2004, the accused approached the Court of Session with Crl.A. No.649/2004. In appeal, the learned Additional Sessions Judge (Adhoc), Mavelikara confirmed the conviction and sentence, and also made a direction to pay the cheque amount as compensation under Section 357(3) Cr.P.C. Now the accused is before this Court in revision challenging the legality and propriety of the conviction and sentence.