RAMACHANDRAN Vs. K DINESHAN

JUDGEMENT

(1.) The revision petitioner was found guilty of an offence punishable under S.138 of the Negotiable Instruments Act, convicted and sentenced to pay a fine of Rs.35,000/- and in case of default of payment of fine, to undergo simple imprisonment for three months. He filed Crl. A. 122 of 1999 before the Sessions Court challenging the conviction and sentence. The learned Sessions Judge confirmed the conviction, but modified the sentence to that of a fine of Rs. 5,000/- and in default of payment of fine, to undergo simple imprisonment for three months. This Criminal Revision Petition is filed challenging the conviction and sentence imposed on the petitioner.

(2.) The first respondent filed a complaint against the revision petitioner alleging that he borrowed an amount of Rs. 1, 25,000/- from him and when a demand for repayment of that amount was made, Ext. P1 cheque was issued. It was also alleged that when the cheque was presented for collection, the same was dishonoured for want of sufficient funds in the account maintained by the revision petitioner with the Bank. A notice demanding repayment of the amount covered by the cheque was issued. But, the revision petitioner did not pay the amount. Hence the complaint.

(3.) On the side of the complainant, PW.1 was examined. Exts.P1 to P9 proved and marked. After the prosecution evidence was over, the accused was questioned under S.313 of the Code of Criminal Procedure. He denied all the allegations levelled against him. On the side of the accused, DWs. 1 and 2 were examined and Exts. D1 to D5 proved and marked. The learned Magistrate found the revision petitioner guilty of the offence alleged, convicted and sentenced him as aforesaid. In appeal the learned Sessions Judge confirmed the conviction, but reduced the sentence to that of a fine of Rs.5,000/- and in default of payment of fine, to undergo simple imprisonment for three months. If the fine amount is paid or realised, an amount of Rs.4,000/- was ordered to be given to the complainant as compensation.