RAGHURAMAN Vs. SAKTHIVEL

JUDGEMENT

(1.) This Criminal Revision Petition is filed by the accused against the concurrent findings of the conviction passed by the Lower Court as well as the Lower Appellate Court.

(2.) The case of the petitioner is that he is the accused in S.T.C.No. 1921 of 2007 on the file of the Judicial Magistrate No.I, Srivilliputhur, for the offence under Ss. 138 and 142 of the Negotiable Instruments Act (hereinafter referred to as 'the Act'). The first respondent/complainant has filed a complaint before the Lower Court stating that on 10/6/2007, the accused had borrowed a sum of Rs.75,000.00 as hand loan and promised to repay the said amount within two months. But the petitioner/accused did not repay the amount after completion of two months. But he had issued a cheque bearing No.184515 dtd. 10/8/2007 of State Bank of India, Kovilpatti Branch. The said cheque was presented on 10/8/2007 before the Pandiyan Grama Bank, Krishnankovil Branch, which instrument was returned with endorsement stating that "Accounts Closed". Thereafter, the first respondent/complainant has sent a legal notice on 11/9/2007 demanding the cheque amount within 15 days and the petitioner/accused has received the legal notice on 18/9/2007. However, the petitioner/ accused neither sent any reply notice nor paid the cheque amount. Therefore, the said complaint was filed before the trial Court.

(3.) On behalf of the first respondent/complainant, he himself has examined as P.W.1 and marked Exs.P.1 to P.5. On behalf of the petitioner/accused, no witnesses were examined and no documents were marked. After hearing the rival submissions, the trial Court has found the petitioner/accused guilty for the offence under Sec. 138 of the Act and sentenced him to undergo simple imprisonment for one year and to pay a fine of Rs.3,000.00 in default to undergo simple imprisonment for three months.