PREMCHANDARKUMAR Vs. G JAYANTHI

JUDGEMENT

(1.) THE arguments advanced by Mr.K.Kalyanasundaram, learned counsel for the petitioner were heard. THE grounds of revision and the other materials placed before the Court in the form of typed-set of papers, which includes the copies of judgments of the Courts below, were also perused.

(2.) THE petitioner herein was prosecuted by the first respondent herein in S.T.C.No.411 of 2008 on the file of the Judicial Magistrate No.I, Coimbatore for an alleged offence under Sections 138 of the Negotiable Instruments Act based on the dishonour of two cheques issued by the petitioner in favour of G.Jayanthi, the first respondent for a sum of Rs.1,00,000/- and Rs.1,29,500/- respectively. THE first one was dated 10.07.2007 and the second one was dated 23.07.2007. When both the cheques were presented for collection, the first cheque was returned unpaid with the endorsement that there was "no sufficient fund" in the account and the second cheque was returned with the endorsement "account closed". THE above said dishonoured cheques have been produced and marked as Exs.P3 and P5 respectively. Return Memo has been produced and marked as Ex.P4.

(3.) THE said judgment of conviction and the order of sentence were challenged by the petitioner unsuccessfully before the learned Additional District Judge, FTC No.II, Coimbatore in Crl.A.No.109 of 2010. After re-appraising the evidence and considering the points raised by both sides, the learned appellate Judge concurred with the trial Magistrate and dismissed the appeal confirming the conviction and sentence. Now the petitioner has come before this Court with the present criminal revision case questioning the propriety and legality of the judgment of the appellate Court confirming the conviction and sentence.