T.P. MURUGAN (DEAD) THR. LRS. Vs. BOJAN

JUDGEMENT

(1.) The present Special Leave Petitions have been filed against the common judgment and order dated 27.09.2013 passed by the High Court of Judicature at Madras in Criminal Revision Case Nos. 1657 and 1658 of 2008. That after issuance of notice, Special Leave Petitions were heard finally. Leave granted.

(2.) The facts of the case briefly stated are as under:-

(3.) The Trial Court found that the respondent had admitted his signatures both on the Pronote and also on the two cheques for Rs. 37,00,000/- and Rs. 14,00,000/- respectively. The respondent also admitted that the appellant had invested capital in their concern viz. M/s. Maanihada Tea Factory. The Court disbelieved the version of the respondent with respect to the 10 blank cheques issued to the appellant in 1995. The respondent failed to place any material on record to show that he had ever asked for return of the 10 blank cheques, allegedly given by him to the respondent, for seven years. That after going through the detailed evidence adduced by the parties, the Trial Court held that the Cheques and Pronote were issued for repayment/discharge of a lawful debt. The respondent was found guilty under S. 138 of the N.I. Act, and sentenced him to undergo R.I. for six months and Fine of Rs. 5000/-, failing which, he shall undergo one month's R.I.