M DEVRAJ Vs. JOHANSON

JUDGEMENT

(1.) THIS revision has been filed by the petitioner/accused viz. , one Devaraj against the judgment given by the Additional District and Sessions Judge, kanyakumari in C. A. No. 35 of 2002 whereby he has confirmed the judgment and sentence given by Judicial Magistrate I, Kuzhithurai in C. C. No. 127 of 1998.

(2.) THE case of prosecution before the Trial Magistrate is to the effect that on 25. 11. 1997 the petitioner/accused received loan of Rs. 1. 00. 000 from the respondent/complainant and in discharge of the loan, the petitioner/accused gave a cheque with the instruction that the cheque can be encashed after two months and that the cheque was dishnoured when it was produced into the bank for payment for the reason that there was no sufficient funds for honouring the cheque and that inspite of the notice through Advocate given by the complainant/respondent, the petitioner/ accused gave reply with false allegations with out paying the amount. After trial and considering the evidence of P. Ws. l to 3 and Ext. to P-1 to P-5 for the prosecution, the Trial Magistrate came to the conclusion that the petitioner/accused has committed offence under Sec. 138 red with Sec. 142 of the Negotiable Instruments Act and consequently convicted him to undergo one year rigorous imprisonment with find of Rs. 5. 000.

(3.) AGGRIEVED against the judgment and conviction, the petitioner accused preferred appeal before the Additional District and Sessions Judge, nagercoil, in C. A. No. 35 of 2002. However, the Additional District and sessions Judge also, after considering the evidence for prosecution and judgment of the Trial Magistrate, came to the conclusion that the petitioner/ accused has committed the offence and thereby confirmed the judgment and sentence of the Trial Court.