JOHN Vs. GEORGE JACOB

JUDGEMENT

(1.) This revision petition is filed by the accused in C.C.91/90 on the file of the J.F.C.M's Court, Pathanamthitta.

(2.) On the basis of the complaint filed by the 2nd respondent, the revision petitioner was prosecuted for the offence punishable under Section 138 of the Negotiable Instruments Act. It is alleged that the revision petitioner issued two cheques for Rs.25,000/- and Rs. 19,389/-respectively drawn on United Commercial Bank for the amount of Rs.44,389/- due from him to the 2nd respondent and when the cheque was presented for encashment it was bounced. The revision petitioner did not pay the amount in spite of a registered notice intimating about the dishonour of the cheque and calling upon him to pay the amount. Hence he is guilty of the offence punishable under Section 138 of the Negotiable Instruments Act.

(3.) The trial Court after trial found the revision petitioner guilty of the offence punishable under Section 138 of the Negotiable Instruments Act and convicted and sentenced him to undergo R.I. for one year and to pay a fine of Rs. 5,000/- in default of payment to undergo R.I. for three months by judgment dated 31-3-1992. The revision petitioner challenged the finding of guilt, conviction and sentence entered by the trial Court before the Sessions Court, Pathanamthitta in Crl.Appeal No. 39/92 without success. Hence he has preferred this revision petition before this Court.