JANARDHANAN V. Vs. VISWANATHAN P.

JUDGEMENT

(1.) The revision petitioner is the accused in a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881 ('N.I. Act' for short).

(2.) The trial court convicted and sentenced the accused to undergo simple imprisonment for two months and to pay a fine of Rs.5,00,000.00and in default of payment of fine, to undergo simple imprisonment for six months. It is also ordered that fine amount, if realised, shall be paid as compensation to the complainant. The appellate court, as per judgment dtd. 27/2/2021 in Crl. Appeal No. 409 of 2019, modified the sentence to pay a fine of Rs.5,00,000.00 and in default of payment of fine, to undergo simple imprisonment for six months and also to release the fine amount, if realised, as compensation to the complainant.

(3.) The main contention of the revision petitioner is that the finding of the trial court and the appellate court regarding issuance of statutory notice as contemplated under Sec. 138(b) of the N.I Act by the complainant is based on no evidence and therefore, he sought for interference of this Court in revision.