PRAKASHAN Vs. VASUDEVAN

JUDGEMENT

(1.) Challenge in the revision is against the concurrent verdict of guilt rendered against the petitioner/accused for the offence under S.417 of the IPC. He was prosecuted on a complaint filed by the first respondent (hereinafter referred to as 'the complainant'). The accused had pleaded not guilty to the offence. Negativing his plea of not guilty, after trial, the learned Magistrate found him guilty of the offence under S.417 IPC, and convicting him thereunder he was sentenced to undergo simple imprisonment for six months. In appeal preferred by the accused, the learned Additional Sessions Judge confirmed the conviction and upheld the sentence without any modification. Against the concurrent finding of guilt and conviction and sentence imposed, the accused has preferred this revision impeaching its legality, propriety and correctness.

(2.) Short facts involved in the revision can be summed up thus:

(3.) The learned Magistrate, after an enquiry under S.200 of the CrPC, took cognizance of the offence under S.138 of the NI Act and ordered summons to the accused. Accused, on appearance, pleaded not guilty. On behalf of the complainant including himself two witnesses were examined as PWs 1 and 2, and Exts. P1 to P7 were exhibited. The accused questioned under S.313 CrPC denying the prosecution evidence reiterated his plea of innocence. He had no defence evidence. The case was adjourned for arguments. The learned Magistrate, thereafter, altered the charge to S.417 IPC which was readover and explained to the accused, to which also he pleaded not guilty. Other than recalling of PW 1, the complainant, and his further examination, no further evidence was adduced. Accused was again questioned under S.313 CrPC. He maintained his innocence and adduced no defence evidence. Learned Magistrate, after examining the materials and hearing the counsel on both sides, found the accused guilty of the offence under S.417 IPC and he was thereupon convicted and sentenced as indicated, which was confirmed in appeal without modification by the learned Additional Sessions Judge.