M.DEEPALAKSHMI Vs. P.CHANDRASEKARAN

JUDGEMENT

(1.) This Criminal Revision is directed against the judgment, dated 13.04.2016 passed by the 3rd Additional District and Sessions Judge, Tirunelveli, in Crl.A.No.40 of 2010, partly modifying the judgment of the Judicial Magistrate No.1, Tirunelveli, passed in STC No.1960 of 2009, dated 02.02.2010.

(2.) The short facts of the case is that on 05.08.2007, the accused borrowed Rs.5 lakhs from the complainant and for the said liability, she issued two cheques for a total sum of Rs.5,00,000/- of UTI Bank, Tuticorin and on 12.11.2007, when the cheques were presented for collection, they were returned due to insufficiency of funds and in this regard, the complaint sent notices, but they were returned as "not claimed". Hence, the case.

(3.) The trial court, after proper appreciating of the entire materials on record, had convicted the accused for the offence under section 138 of the Negotiable Instruments Act and sentenced him to pay a fine of Rs.10,000/-, in default to undergo simple imprisonment for three months and also directed to pay the cheque amount of Rs.5 lakhs and compensation of Rs.10,000/-. Aggrieved over the said order, the accused preferred appeal before the first appellate court. The first appellate court modified the judgment of the trial court and set aside the fine of Rs.10,000/-, in default of payment 3 months of SI and modified the fine amount from 10,000/- to Rs.5,10,000/- and ordered the said fine amount to be paid as compensation to the complainant. Against which, the accused is before this court.