R SEKAR Vs. K KASINATHAN

JUDGEMENT

(1.) THE revision petitioner herein is the accused in C.C.No.199/2003 on the file fo the Additional District Munsif, Tindivanam and the respondent herein filed a private complaint against the revision petitioner for an offence under Section 138 of Negotiable Instruments Act, 1881. THE Trial Court convicted the petitioner under Section 138 of Negotiable Instruments Act, 1881 and sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.1 lakh and also directed the said amount to be paid as compensation to the complaint/P.W.1. THE conviction and sentence were confirmed by the learned Additional District and Sessions Judge, FTC II, at Tindivanam in C.A.No.7/2007. Challenging the said conviction and sentence, the petitioner has preferred this revision.

(2.) THE case of the complainant is that the accused issued for a sum of Rs.1 lakh to the complainant/P.W.1 a cheque/Ex.P.1 on 25.3.2003 towards the loan obtained by him. On 27.3.2003, P.W.1 deposited the cheque in Primary Agricultural Co-operative Bank. But the cheque was dishonoured and required for the reason that there was no sufficient funds in the account. As per the requisition of the accused, P.W.1 again deposited the said cheque for collection on 25.5.2003 and again it was returned on 27.5.2003 for the reason that there was no sufficient fund. P.W.3 issued a notice/Ex.P.4 through his counsel to the accused and the accused gave a reply Ex.P.5. THE accused had not paid the cheque amount. THErefore, private complaint was filed by P.W.1 against the accused.

(3.) BOTH the Trial Court and Appellate Court after analyzing the oral and documentary evidence, convicted the accused as stated above.