HAMZA Vs. MOIDUTTY

JUDGEMENT

(1.) This criminal revision petition is directed against the judgment dated 12.11.2012 rendered by the Additional Sessions Court (Adhoc)-III, Manjeri, in Crl.Appeal No.354 of 2010, whereby the learned Additional Sessions Judge dismissed the appeal, confirming the conviction and sentence rendered by the trial court to undergo imprisonment till the rising of the court and to pay a compensation of Rs.2,00,000/- and in default of payment of compensation to undergo simple imprisonment for a period of two months more under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as, " NI Act ").

(2.) The revision petitioner was the accused in ST No. 118 of 2010 on the file of the Judicial First Class Magistrate Court-II, Tirur and the appellant in Crl.Appeal No.354 of 2010 on the file of the Additional Sessions Court (Adhoc)- III, Manjeri. The 1st respondent filed a complaint under Section 138 of the NI Act before the trial court alleging commission of the offence punishable under Section 138 of the NI Act against the accused. Upon consideration of the complaint, the learned magistrate is prima facie satisfied that the case is made out against the accused. Hence, the learned magistrate took cognizance of the offence under Section 138 of the NI Act and the case was taken on file as ST No. 118 of 2010. Parties are hereinafter referred to as the 'complainant' and 'accused' according to their status in the court below unless otherwise stated.

(3.) It is the case of the complainant that the accused borrowed a sum of Rs.2,00,000/- from the complainant and issued a cheque dated 31.08.2007 for Rs.2,00,000/- drawn on the account maintained by the accused with Vijaya Bank, Tirur Branch. The complainant presented the cheque for encashment through the Ponmundam Service Co-operative Bank, Vailathur Branch, but the cheque was returned unpaid with the endorsement "insufficient funds". Statutory notice was issued on 15.10.2007 to the accused calling upon him to pay the amount. The accused received the notice on 16.10.2007. He sent a reply notice on 19.10.2007 raising contentions. Hence, the complaint.