(1.) The Criminal Revision Case against the judgment dated 26.11.2008 in Crl. A. No. 134 of 2008, on the file of the First Additional Sessions Judge, Erode, confirming the order of conviction and sentence, dated 21.4.2008 in C.C. No. 152 of 2007 on the file of the Judicial Magistrate No. 1, Erode, whereby the revision Petitioner/accused was convicted for the offence under Section 138 read with 142 of the Negotiable Instruments Act and sentenced to undergo two years' simple imprisonment.
(2.) The Respondent/complainant preferred complaint under Section 138 read with 142 of the Negotiable Instruments Act, stating that the revision Petitioner/accused borrowed Rs. 1 lakh from the complainant on 17.12.2006 and to discharge the same, he issued Ex.P-1 cheque dated 18.1.2007, which was presented for encashment on 19.1.2007 and the cheque has been returned as per Ex.P-2 bank intimation. Statutory notice has been issued under Ex.P-3 and the postal receipt has been marked as Ex.P-4 and Ex.P-5 is the return postal cover. Since the revision Petitioner/accused has not repaid the amount, the Respondent/complainant preferred the complaint under Section 138 read with 142 of the Negotiable Instruments Act.
(3.) The trial Court, after following the procedures and since the Petitioner/accused pleaded not guilty, considered the oral evidence of P.W.1/complainant and the documentary evidence of Exs.P-1 to P-5, found the revision Petitioner/accused guilty of the offence under Section 138 read with 142 of the Negotiable Instruments Act and convicted and sentenced him as stated above, against which, he preferred Criminal Appeal before the first appellate Court, and the learned first appellate Judge, after considering the arguments of both sides, confirmed the conviction and sentence passed by the trial Court, against which, the present Crl.R.C. is preferred by the revision Petitioner/accused.