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2006 Supreme(Ker) 637

R.BASANT
T. Manikandan – Appellant
Versus
State of Kerala – Respondent


Judgment :-

This Revision Petition is directed against a concurrent verdict of guilty conviction and sentence in a prosecution under section 138 of the N.I. Act.

2. The cheque is for an amount of Rs. 10,000/-. It bears the date 28.02.2001. The petitioner now faces a simple imprisonment for a period of one month and to pay an amount of Rs. 10,500/- as compensation. No default sentence is imposed.

3. The signature in the cheque is admitted. Notice of demand though duly received and acknowledged did not admittedly evoke any response. The complainant examined himself as PW1 and proved Exts. P1 to P4. The accused did not adduce any oral evidence. He proved Exts. D1 series. The accused attempted to raise a contention in the course of the trial that the cheque was not issued for the due discharge of any legal enforcible debt/liability. It was handed over only as security to another person and not to the complainant, it was alleged.

4. The courts below concurrently came to the conclusion that the complainant has succeeded in establishing all the elements of the offence punishable under section 138 of the N.I. Act. Accordingly they proceeded to pass the impugned concurrent judgments.

5. Called








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