THIRUMALAI LOGANATHAN Vs. P. V. MARKANDAN

JUDGEMENT

(1.) This Criminal Revision Case is filed challenging the judgment of conviction and sentence imposed on the petitioner by the learned II Additional District and Sessions Judge, Vellore @ Ranipet, Vellore District, in Crl.A.No.26 of 2016, dated 09.01.2017 confirming the judgment of conviction and sentence dated 11.04.2016 passed by the learned Judicial Magistrate, Sholinghur in STC.No.754 of 2012.

(2.) The facts leading to file the present Criminal Revision Case are as follows:

(3.) There is no representation for the petitioner either in person or through his learned counsel. Assailing the judgments passed by the Courts below, the petitioner inter alia, raised the following grounds: (i)the Courts below ought to have held that the respondent had fraudulently misused Ex.P1 cheque and had filed a false case as against the petitioner; (ii)the Courts below failed to note that the respondent has not advanced any evidence to establish that there was a legal liability as on 20.03.2012 and in the absence of any evidence regarding the capacity to advance such a huge amount by the respondent to advance to the petitioner, ought to have acquitted the petitioner; (iii)once the petitioner has discharged his burden by preponderance of probability that the cheque was not issued towards legally recoverable debt, the burden shifts on the respondent to prove the same, whereas the respondent has miserably failed to discharge his burden; and (iv) the Appellate Court without appreciating the evidence on record in a proper perspective and without assigning any reason, has mechanically confirmed the judgment of the trial Court. Thus, the petitioner prayed for setting aside the judgments of both the Courts below.