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TMI Blog2022 (4) TMI 356X X X X Extracts X X X X X X X X Extracts X X X X ..... le under Section 138 N.I. Act and stands convicted and sentenced to under simple imprisonment for a period of six months and to pay a fine respectively for Rs. 45,02,000/- and 37,02,000/- and to undergo simple imprisonment for a period of six months in default of payment of fine. The fine amount on deposit was also directed to be paid as compensation to the complainant under Section 357(1)(b) of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C'). 2. When the above judgments were assailed respectively in Crl. Appeal Nos. 14/2020 and 13/2020, the Additional Court of Sessions, North Paravur by its separate judgments dated 02.12.2021 dismissed the appeals and confirmed the conviction and sentence. Aggrieved thereby the accused, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in the handwritings of the accused. According to her, the court below has gone wrong in taking a view that signing of the cheques itself is execution of it. Lastly and finally it was contended that the ingredients to constitute the offence under Section 138 N.I. Act are not established by the complainant for treating the prosecution as a successful one. The learned counsel canvassed for admitting the revision on the basis of the reasons stated above. 5. This Court has gone into the judgments and contentions raised. The issuance of a signed blank cheque is admitted by the accused. According to him, the entries in Ext. P1 cheque were not filled by him. Accordingly, the accused attempted to draw a distinction between signing a cheque and e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fructified. In the mediation talks a post dated cheque for Rs. 45,00,000/- inclusive of interest was issued on 13.08.2013. 9. Cheques were bounced on presentation for the reason 'account closed' and the prosecution in question was launched on failure of the accused to pay the sum when demanded through lawyer notice. 10. Complainant gave evidence as PW1 describing his pleadings in the complaint in full. The factum that the issues were mediated and settled was established from the oral version of PW2. True that PW2 has no idea about issuance of the post dated cheques following settling of the issues. But, the issuance of a signed cheque is admitted by the accused. According to him, issuance of a signed cheque was as security for a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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