ASHWATH Vs. J. BALASUBRAMANYAM

JUDGEMENT

(1.) THIS revision petition is preferred by the petitioner/accused, challenging the judgment and order passed by the courts below, convicting him for the offence punishable under section 138 of the N.I. Act.

(2.) THE revision petitioner challenged the judgment and order of the courts below on the grounds as mentioned at ground Nos. 6 to 12 in the revision petition.

(3.) PER contra, the learned counsel appearing for the respondent/complainant during the course of his arguments made the submission that though, the revision petitioner/accused denied the issuance of the cheque in favour of the complainant, but the reply notice produced in the case as per Ex.P.10 is a very important document in this case. Learned counsel draw the attention of this court to para 3 and 4 of the reply notice -Ex.P.10 issued by the revision petitioner to the legal notice issued by the complainant. Learned counsel made the submission that he has clearly mentioned in Ex.P.10 that his car was stolen and he kept signed blank cheque leaves in the said car. Hence, by the said reply, he requested the cheques are to be returned either to the bank or to the accused himself. Hence, counsel made the submission that now the defence that has taken before the court during the course of the trial proceedings are totally against the contents of Ex.P.10 -reply.