K.R. KUMARAN Vs. K.R. PURUSHOTHAMAN

JUDGEMENT

(1.) THIS revision petition is directed against a concurrent verdict of guilty, conviction and sentence in a prosecution under Section 138 of the Negotiable Instruments Act. The appellate court had modified the sentence imposed. The revision petitioner now faces a sentence of simple imprisonment for a period of one month and to pay a fine of Rs. 5,000/ -. In default to payment of fine, the petitioner is directed to undergo a default sentence of simple imprisonment for a period of three months.

(2.) THE complainant alleged that Ext.P1 cheque for Rs. 20,000/ - was issued to him by the accused for the due discharge of a legally enforcible debt/liability. The cheque when presented was dishonoured on the ground of insufficiency of funds. Notice of demand was issued. The statutory time table was scrupulously observed. Notice of demand did not succeed in securing the payment; instead a reply notice was issued in which it was contended that the cheque was not issued for due discharge of any legally enforcible debt/liability. A fairly specific contention was taken up. It was contended that the cheque was issued as a blank signed cheque as security to a kuri company while the accused entered into some transaction with them. The liability was discharged. The kuri company had returned the signed blank cheque. The same was kept in the house of the mother of the accused where the accused resides. From that house the complainant had fraudulently removed the signed blank cheque.

(3.) THE courts below, in these circumstances, concurrently came to the conclusion that the complainant had succeeded in establishing all the ingredients of the offence punishable under Section 138 of the N.I. Act. Accordingly, they proceeded to pass the impugned judgments.