BASTIN Vs. GEORGE

JUDGEMENT

(1.) Revision petitioner/accused assails the judgment of conviction and order of sentence against him for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short N.I Act).

(2.) The parties shall be referred to as complainant and accused as before the trial court.

(3.) Complaint was filed alleging that on 20/5/2006, accused borrowed an amount of Rs.15.00 lakhs from the complainant and in discharge of the said liability, accused issued Ext.P1 cheque dtd. 25/8/2006 drawn on UTI Bank Ltd. Tirupur. Upon presentation of Ext.P1 cheque for encashment, it was bounced due to insufficient funds in the account of the accused. Though the complainant caused to send Ext.P5 lawyer notice, it was returned as 'unclaimed'. Accused failed to pay the amount covered by Ext.P1 cheque and thereby committed the offence punishable under Sec. 138 of N.I.Act.