JOHN Vs. ALOSIOUS

JUDGEMENT

(1.) The 1st respondent herein prosecuted the revision petitioner before the Judicial Magistrate of the First Class-II, Kollam in C.C No. 733 of 2003 alleging offence under Section 138 of the Nogotiable Instruments Act. It was contended that the revision petitioner owed a sum of Rs. 3,71,734/- and in discharge of the said liability a cheque which was marked as Ext.P1 was issued. When Ext.P1 was presented for collection, the same was dishonoured for insufficiency of funds and that despite the demand to discharge the liability, no payment was made.

(2.) The revision petitioner in response to the process issued entered appearance and pleaded not guilty when the particulars of the offence was read over and explained. Hence he was sent for trial. On the side of the respondent, he was examined as PW1 and Exts.P1 to P6 were marked. When questioned under Section 313 of the Code of Criminal Procedure, he denied the incriminating evidence. On his side two witnesses were examined as DWs 1 and 2 and Exts.D1 and D2 were marked. The learned Magistrate on appraisal of evidence, arrived a conclusion of guilty. Consequently the revision petitioner was convicted for offence under Section 138 of the Negotiable Instruments Act and sentenced to simple imprisonment for eight months and a fine of Rs. 5,000/- with a default sentence of simple imprisonment for two months. The fine amount if realized was ordered to be paid to the first respondent as compensation under Section 357(1) of the Code of Criminal Procedure.

(3.) Feeling aggrieved by the above conviction and sentence, criminal appeal No.313 of 2006 was preferred before the Sessions Judge, Kollam. The learned Additional Sessions Judge to whom the appeal was made over, by judgment dated 13-2-2007 confirmed the conviction and sentence.