SREENIVASAN Vs. O. JANARDHANAN AND OTHERS

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under section 138 of the Negotiable Instruments Act in ST 301/2000 of the Judicial First Class Magistrate Court, Pattambi. The deceased 1st respondent is the complainant therein. He brought complaint on the allegation that a cheque issued by the accused for Rs. 40,000/- in his favour in discharge of the amount borrowed by him was bounced due to insufficiency of funds, and the accused failed to make payment in spite of demand made by statutory notice.

(2.) The accused appeared before the learned Magistrate and pleaded not guilty when the substance of the accusation was read over and explained to him. The complainant examined two witnesses including himself and proved Exts. P1 to P7 documents in the trial court. The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C,, 1973 and projected a defence that he had no transaction with the complainant, that he had borrowed an amount of Rs. 15,000/- from one Sunil Kumar to whom he had handed over a blank cheque as security and that the complainant somehow procured the said cheque from Anil Kumar and brought a false complaint against him. The accused examined himself as DW1 in defence with the permission of the trial court under Section 315 Cr.P.C., 1973

(3.) On an appreciation of the evidence adduced on both sides, the trial court found the accused guilty. On conviction, he was sentenced to undergo simple imprisonment for three months and he was also directed to pay a compensation of Rs. 43,000/- to the complainant under Section 357 (3) Cr.P.C., 1973