BRIGHT SPINNERS Vs. D. SAMPATH KUMAR

JUDGEMENT

(1.) This Criminal Revision Case has been filed against the judgment, dated 17. 09. 2013, passed by the V Additional District and Sessions Judge, Coimbatore, in C. A. No. 270 of 2012, confirming the judgment of conviction and sentence, dated 15. 09. 2012, passed by the Judicial Magistrate, Fast Track Court at Magisterial Level No. II, Coimbatore, in S. T. C. No. 46 of 2012.

(2.) For the sake of convenience, the petitioners and the respondent will be referred to as accused and complainant, respectively.

(3.) It is the case of the complainant that, Thangaraju (A2) and Devasenathipathi (A3) are the partners of M/s. Bright Spinners (A1); Thangaraju (A2) borrowed Rs. 3,00,000/- on 20. 04. 2010 for his business purposes and issued a cheque dated 03. 05. 2010 for Rs. 3,02,000/- (Ex. P1) drawn on the United Bank of India from the account of M/s. Bright Spinners (A1); the impugned cheque was signed by Thangaraju (A2) in his capacity as the partner of M/s. Bright Spinners (A1); the complainant presented the cheque on 22. 10. 2010 and the same was returned with the endorsement "exceeds arrangement" on 23. 10. 2010, vide return memo (Ex. P2); the complainant issued a statutory demand notice dated 22. 11. 2010 (Ex. P3), which was received by the accused, and a reply notice dated 08. 12. 2010 (Ex. P7) was issued by the accused; since the accused did not comply with the demand, the complainant initiated a prosecution in C. C. No. 240 of 2011 before the Court of Judicial Magistrate No. 5, Coimbatore, which, on transfer to the Court of Judicial Magistrate (Fast Track Court at Magisterial Level No. II), Coimbatore, was renumbered as S. T. C. No. 46 of 2012.