NISHAD MATHEW Vs. EASWARAMOORTHY

JUDGEMENT

(1.) This Criminal Revision Case has been filed against the judgment, dated 25.02.2013, passed by the Additional District and Sessions Judge, Coimbatore, in C.A.No.224 of 2012, confirming the judgment of conviction and sentence, dated 04.07.2012, passed by the Judicial Magistrate, Fast Track Court at Magisterial Level No.II, Coimbatore, in C.C.No.67 of 2011.

(2.) For the sake of convenience, the petitioners and the 1st respondent will be referred to as accused and complainant, respectively.

(3.) It is the case of the complainant that Nishad Mathew (A1), who is a partner in Hotel Sea Gate (A2), had borrowed Rs.30,00,000/- on 20.08.2010; towards the said debt, he (A1) issued a cheque dated 03.01.2011 (Ex.P1) for Rs.30,00,000/- drawn on Axis Bank, Aluva Branch, from the account of Hotel Sea Gate (A2) and the cheque was signed by Nishad Mathew (A1) in the capacity of Partner/Authorised Signatory of Hotel Sea Gate (A2); the complainant presented the said cheque at IDBI Bank, Coimbatore, and the same was dishonoured with an endorsement "?funds insufficient "? on 05.01.2011 vide return memo (Ex.P2); the complainant issued statutory demand notice http://www.judis.nic.in Crl. R.C. No.484 of 2013 dated 07.01.2011 (Ex.P3) to Nishad Mathew (A1) and Hotel Sea Gate (A2); the notice sent to Nishad Mathew (A1) was returned unserved, whereas, the notice that was sent to Hotel Sea Gate (A2) was served, as could be seen from the Acknowledgment Card (Ex.P4); since the accused did not comply with the demand, the complainant initiated a prosecution in S.T.C.No.296 of 2011, for the offence under Section 138 of the Negotiable Instruments Act, against the accused, before the Judicial Magistrate No.7, Coimbatore; on transfer of the said case to the Court of Judicial Magistrate, Fast Track Court at Magisterial Level No.II, Coimbatore, it was renumbered as C.C.No.67 of 2011.