R RAJU Vs. K SIVASAMY

JUDGEMENT

(1.) The Crl.R.C. is filed against the judgment dated 13.8.2007 in Crl.A. No. 524 of 2006 on the file of the Additional Sessions Court-cum-Fast Track Court No. 2, Coimbatore, confirming the judgment dated 21.11.2006 in C.C. No. 202 of 2004 on the file of the Judicial Magistrate No. 2, Pollachi, whereby the revision Petitioner/accused was convicted for the offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo one year simple imprisonment and to pay a fine of Rs. 5,000/-, in default, to undergo simple imprisonment for three months.

(2.) The Respondent as a complainant, filed a complaint under Section 138 of the Negotiable Instruments Act; the revision Petitioner/accused borrowed Rs. 3 lakhs on 20.11.2002 and executed a Promissory Note and for discharging the same, he paid interest @ Rs. 30,000/- in cash and issued cheque for Rs. 3 lakhs on 12.12.2003, i.e. Ex.P-2, which was presented for encashment and that has been returned as evidenced by Ex.P-3; statutory notice had been issued under Ex.P-4, which has been received by the Petitioner/accused under Ex.P-5; after receipt of the notice, the revision Petitioner/accused neither sent a reply nor repaid the amount to the Respondent/complainant, and hence, the Respondent preferred the complaint.

(3.) The trial Court after following the procedures and since the revision Petitioner/accused pleaded not guilty, examined P. Ws.1 and 2 and marked Exs.P-1 to P-6 and found the revision Petitioner/accused guilty of the offence under Section 138 of the Negotiable Instruments Act and convicted and sentenced him as stated above.