Dishonor of a cheque due to signature mismatch constitutes sufficient evidence of intention to defraud under Section 420 IPC.

ORDER

The accused in C.C.No.658 of 2001 on the files of the Court of the Judicial Magistrate of First Class-V, Kozhikode, filed this revision petition challenging the concurrent finding of conviction and sentence passed by the courts below under Section 420 IPC .

2. Heard.

3. The prosecution allegation can be briefly stated thus:-

The accused borrowed an amount of Rs.50,000/- from the complainant on 20.1.2001 and towards the discharge of the said liability, the accused issued Ext.P1 cheque in favour of the complainant. The complainant presented the said cheque for encashment. However, the same was dishonoured with an endorsement 'drawer's signature differs'. On enquiry, it was found that Ext.P1 cheque was drawn from the account of the father-in-law of the revision petitioner, who died long back.

4. Before the trial court, PW1 to PW3 were examined and Exts.P1 to P5 were marked for the prosecution. No evidence was adduced on the side of the revision petitioner.

5. The courts below correctly appreciated the oral and documentary evidence adduced by the prosecution and concurrently found that the revision petitioner committed the offence under Section 420 IPC , repelling the contentions of the revision petitioner. No circumstance is available before the court to indicate that the concurrent finding of conviction by the courts below is perverse or incorrect. In the said circumstances, the concurrent finding by the courts below that the revision petitioner committed the offence under Section

420 IPC does not warrant any interference by this court.

The incident in this case was during the year 2001.

Considering the nature of the transaction, I am of the view that the sentence awarded by the courts below can be modified and reduced to imprisonment till the rising of the court and a compensation of Rs.60,000/- (Rupees sixty thousand only) and in default to simple imprisonment for three months under Section 420 IPC to meet the ends of justice and accordingly, I order so. In the event of realisation of compensation, the entire amount shall be given to the complainant under Section 357 (3) of the Code.

In the result, this revision petition stands allowed in part as above.

The revision petitioner shall surrender before the trial court on 7.04.2016 to suffer the sentence.