KUMAR Vs. RAJARAJAN

JUDGEMENT

(1.) The revision Petitioner herein is the accused in C.C. No. 71 of 2000 on the file of Judicial Magistrate No. 1, Mayiladuthurai and he was convicted for an offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for six months and also to pay fine of Rs. 2,000/-, in default, to undergo three months simple imprisonment. The said conviction and sentence were confirmed by the learned Sessions Judge, Nagapattinam in C.A. No. 26 of 2003. Challenging the said conviction and sentence, the Petitioner has preferred this revision.

(2.) The case of the complainant is that the accused received a loan of Rs. 1,20,000/- and towards that loan, he issued a cheque dated 07.06.1999 drawn on Indian Overseas Bank. While the complainant presented the cheque for collection in the Lakshmi Vilas Bank, Mayiladuthurai on 04.10.1999, it was returned with an endorsement "not arranged for". The complainant issued a statutory notice calling upon the accused to pay the cheque amount. The accused sent a reply for the same. As the accused had not paid the cheque amount, the complainant filed a complaint against the accused.

(3.) In order to prove the case of the complainant, P. Ws.1 to 3 were examined and Exs.1 to 5 were marked. The accused was questioned under Section 313 Code of Criminal Procedure and he has denied his complicity. The accused, in order to prove his defense, examined D. Ws.1 and 2 and marked Exs.D.1 to D.3. It is the evidence of D. Ws.1 and 2 that D.W.2 is the brother-in-law of D.W.1 and that D.W.2 availed a loan from Mayilai Finance and the said finance company was run by Balakumar, a Village Administrative Officer. He has stated that the accused issued a blank cheque and that though D.W.2 cleared all the debts, the cheque was retained. According to D.W.2, the loan was obtained in the year 1996 and Ex.D.3 series are the receipts for clearing the loan amount. On analyzing the evidence, both the trial Court and the appellate Court found the accused guilty.