R B RAMAKRISHNAN Vs. A MEENA

JUDGEMENT

(1.) The criminal revision petition is directed against the judgment of conviction of the Petitioner for the offence under Section 138 of the Negotiable Instruments Act, made in Calendar Case No. 80 of 2006, on the file of the District Munsif Court-cum-Judicial Magistrate, Perundurai, as confirmed by the judgment dated 15.06.2007, in Criminal Appeal No. 238 of 2006, on the file of the Additional District-cum-Fast Track Court No. I, Erode.

(2.) The allegations raised in the complaint are that the accused borrowed a sum of Rs. 12,00,000/- from the complainant agreeing to repay the same with interest at the rate of 12% per annum and the accused executed a pronote for the due repayment of the same and the accused on 19.07.2004 got back the pronote and issued cheque drawn on Karur Vysya Bank, Erode Branch and the cheque was presented for encashment on 29.10.2004 and the same was returned on account of insufficient funds along with memo and on receipt of the same the complainant issued a statutory notice, thereby calling upon the accused to discharge his liability and the accused though received the notice did not either reply or discharge his liability thereby committed the act, constituting the offence punishable under Section 138 of Negotiable Instruments Act.

(3.) The complainant has, in order to prove his case as stated above, examined himself as PW1 and marked the Cheque, return memo, copy of lawyer notice and acknowledgment for the receipt of the same as Exs.P1 to P4 and no evidence was adduced on the side of the Defendant. On the basis of the evidence adduced, the trial Court arrived at the conclusion that the accused is guilty of the offence under Section 138 of Negotiable Instruments Act and convicted and sentenced him to undergo imprisonment and pay fine. Aggrieved by the same, the accused preferred appeal in C.A. No. 238 of 2006 on the file of the Additional District-cum-Fast Track Court No. I, Erode. The same was dismissed by confirming the judgment and conviction of the lower Court. Hence, this criminal revision before this Court.