J KRISHNAN NAIR Vs. P JASEENTHA

JUDGEMENT

(1.) The revision petitioner was the accused in C.C. No. 64 of 1991 on the file of the Judicial First Class Magistrate's Court, Attingal who was convicted and sentenced to undergo simple imprisonment for three months under S.138 of the Negotiable Instruments Act, 1881 (for short 'the Act') and to pay compensation of Rs. 13,600/- to the complainant under S.357(3) Cr. P.C. and in default to undergo simple imprisonment for three months more. He was ordered to pay Rs. 1,500/- towards costs and in default to under go simple imprisonment for thirty days. The appeal preferred by him before the Court of Session, Trivandrum was dismissed as per judgment in Crl. appeal No. 255 of 1992. Hence, this revision.

(2.) The complaint in which the revision petitioner was convicted was filed by the first respondent alleging offence punishable under S.138 of the Act. It is the case of the complainant that the accused borrowed from her an amount of Rs. 10,000/- on 5.9.1990 undertaking to repay the same within four months and issued Ext. P1 cheque bearing the date 5.1.1991 drawn on the Chirayankil branch of the Federal Bank. The complainant presented the cheque for collection, but the same was dishonoured by the bank on 22.1.1991 on the ground that the account was closed. Notice followed, but the same could not be delivered. Thereafter a telegram demanding payment was sent which was received by the accused. Still the amount remains unpaid.

(3.) Though several points have been raised in the revision, counsel for the petitioner pressed only one point. According to him, going by the averments in the complaint and the evidence adduced, no offence under S.138 of the Act is committed by the petitioner.