LAWS(KER)-2009-5-239

K. KUMARAN Vs. V. HUSSAIN HAJI

Decided On May 27, 2009
K. KUMARAN Appellant
V/S
V. Hussain Haji Respondents

JUDGEMENT

(1.) THIS revision petition is directed against the verdict of guilty, conviction and sentence in a prosecution under Section 138 of the N.I. Act. The petitioner faces the sentence of rigorous imprisonment for a period of three months. There is no direction to pay compensation. No sentence of fine has also been imposed.

(2.) THE cheque is for an amount of Rs. 3,140/ -. It bears the date 15/12/95. The complainant examined P.Ws.1 and 2 and proved Exts.P1 to P5. The accused did not adduce any defence evidence. The learned Magistrate came to the conclusion that the offence under Section 138 of the N.I. Act has been proved. Accordingly, the learned Magistrate proceeded to pass the impugned verdict of guilty and conviction. An appeal was preferred along with an application for condonation of delay. The application for condonation of delay was dismissed. Accordingly, the appeal was rejected as barred by limitation.

(3.) I have considered the judgment of the trial court. I find absolutely no reason to interfere with the verdict of guilty and conviction. In the absence of challenge on any specific ground, it is unnecessary to advert to the facts in any greater detail in this order.