PRAKASH Vs. M. PARVIN

JUDGEMENT

(1.) The petitioner herein is the accused and the respondent herein is the complainant. On a private complaint given by the complainant against the petitioner under Sec. 138 of the Negotiable Instruments Act, the same was taken on file as S.T.C.No.287 of 2006 on the file of the Judicial Magistrate No.II, Vellore, and the accused was found guilty of the offence under Sec. 138 of the Negotiable Instruments Act and accordingly he was convicted under Sec. 138 of the Negotiable Instruments Act and sentenced to undergo rigorous imprisonment for two months and to pay a fine of Rs.1,000.00 in default to undergo simple imprisonment for 15 days. Challenging the same, the petitioner has preferred an appeal before the I Additional District and Sessions Judge, Vellore, Vellore District, which ended in dismissal, against which the present Criminal Revision Case has been filed.

(2.) The learned counsel for the petitioner has submitted that the Courts below failed to appreciate that the petitioner had not committed the offence under Sec. 138 of the Negotiable Instruments Act and that the complainant had failed to establish a legally enforceable debt in respect of the amount covered by the cheque in question to the tune of Rs.70,000.00. It is also submitted that the Courts below have failed to see the mandatory violation of Sec. 138(c) of the Act and have erroneously came to the conclusion that the cause of action arose only from 16/3/2004 against law.

(3.) The learned counsel for the respondent has submitted that the Trial Court has considered the materials and evidence in proper perspective and has passed the impugned order and the same has been correctly confirmed by the Lower Appellate Court and hence the judgments of the Courts below do not require any interference in the hands of this Court.