V.G. SRINIVASAN Vs. D. SRINIVASALU

JUDGEMENT

(1.) This Criminal Revision Petition is filed against the judgment of the learned III Additional Sessions Judge, Vellore, in CA.No.19/2013 is confirmed with the judgment of the learned Additional District Munsif cum Judicial Magistrate, Ambur in CC.No.80 of 2012.

(2.) The respondent as a complainant filed a complaint under Ss. 138, 141, 142 of Negotiable Instruments Act read with 200 of Cr.P.C. The case of the complainant / respondent is that the petitioner / accused borrowed a sum of Rs.4,50,000.00 from him to meet his urgent needs and promised to discharge the said amount within two months. The petitioner issued a cheque bearing No.183911 dtd. 17/11/2011 drawn in favour of Indian Overseas Bank, Periyankuppam. The respondent presented the cheque for collection through Corporation Bank on 2/3/2012. The cheque was returned as "Funds Insufficient " on 4/3/2012. The respondent received a return memo on 4/3/2012. The petitioner issued the cheque only to evade payment and to cheat the respondent. The respondent issued legal notice to the petitioner on 31/3/2012 through RPAD and courier services. The petitioner received the notice through courier service on 2/4/2012 and the notice sent through RPAD was returned as "Addressee Left ", on 7/4/2012. The notice sent to the office address was returned as "closed ". Even after the receipt of the notice, the petitioner neither paid the amount nor replied within 15 days of receipt of the notice. Therefore this complaint.

(3.) After the petitioner entered appearance before the Trial Court, he was questioned with regard to the substance of accusation against him. Petitioner denied the accusation and demanded trial. During the trial, PW.1 to PW.3 were examined on the side of the respondent. Exs.P.1 to P.11 had been marked. On the side of the petitioner, he was examined as DW.1 and Exs.D1 and D2 were marked. On considering the oral and documentary evidence, the learned Additional District Munsif cum Judicial Magistrate, Ambur found the accused guilty under Sec. 138 of the Negotiable Instruments Act and sentenced him to undergo simple imprisonment for one year with payment of Rs.4,50,000.00 as compensation to the respondent. Against the said judgment, the petitioner preferred the appeal before the III Additional Sessions Judge, Vellore at Tirupattur in C.A.No.19 of 2013. The learned Sessions Judge after re-evaluating and re-appreciating the oral and documentary evidence found that there is no infirmity in the judgment of the Trial Court and it did not require any interference and dismissed the said appeal. Against the said judgment, this Criminal Revision Petition is filed.