JERRY DSOUZA Vs. JOAQUIM ANTONIO FERNANDES

JUDGEMENT

(1.) This is a Criminal Revision Application under Sec. 397 Cr.P.C. impugning judgment dtd. 8/10/2015 passed by the Sessions Court, North Goa in Criminal Appeal No.97/2014 which has dismissed the Petitioner's appeal arising from a challenge to a judgment of conviction dtd. 30/6/2014 passed by the Judicial Magistrate First Class, Panaji in Criminal Case OA/33/2012/B.

(2.) The Respondent, who is the original Complainant instituted the aforementioned criminal case under Sec. 138 of the Negotiable Instruments Act (the Act). According to the complaint filed before the Magistrate, the Petitioner/Original Accused had taken on loan, three amounts, Rs.5,00,000.00 in May, 2009, Rs.1,00,000.00 in February 2010 and Rs.2,00,000.00 in June, 2010; owing an amount of Rs.8,00,000.00 to the Complainant, on demand. It is the Complainant's case that the Petitioner issued to him a cheque dtd. 24/8/2011 for this amount, which cheque was presented by the Complainant to his Bank on 28/9/2011 when it was dishonoured, and further presented on 23/11/2011, when it was once again dishonoured under a memo issued by the Bank on the same day with the endorsement that there were insufficient funds in the bank account of the Petitioner. Accordingly, the Complainant sent a notice dtd. 7/12/2011 to the Petitioner calling upon the Petitioner to pay the amount on the dishonoured cheque, and since no reply was forthcoming from the Petitioner, within the time stipulated under the Act, he filed a complaint on 21/1/2012 before the J.M.F.C. at Panaji.

(3.) At the trial, the Complainant examined himself, and on his evidence being closed, the Petitioner/Accused chose not to lead evidence or examine himself, and his statement under Sec. 313 Cr.P.C. was recorded. The Petitioner was convicted by the Magistrate for offence punishable under Sec. 138 of the Act and sentenced to undergo simple imprisonment for a period of one year and to pay to the Complainant a sum of Rs.10,25,000.00 towards compensation in terms of Sec. 353(3) Cr.P.C. and in default to undergo simple imprisonment for a period of two months.