K RAJA Vs. P G RAJENDRAN

JUDGEMENT

(1.) Crl. R.C. is preferred against the judgment dated 3.12.2008 in Crl. A. No. 129 of 2007 on the file of the Additional District and Sessions Court (Fast Track Court No. 2), Salem, confirming the conviction and sentence passed in C.C. No. 387 of 2002, dated 23.8.2007, on the file of the Judicial Magistrate's Court No. 1, Arthur, 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 Rs. 2 lakhs to be paid as compensation to the Respondent/complainant (since deceased), under Section 357(3) Code of Criminal Procedure, within three months, in default, to undergo three months' simple imprisonment.

(2.) The deceased Respondent/complainant preferred a complaint under Section 138 of the Negotiable Instruments Act, stating that the revision Petitioner/accused borrowed Rs.1,50,000/- from the deceased Respondent/complainant on 7.8.2002, agreeing to repay the same with interest at 12% and on that day, to discharge the same, the accused issued a cheque bearing No. 688348, dated 7.9.2002 in favor of the complainant. When the cheque was presented for encashment, it was returned as "Account closed". Statutory notice has been issued, which was returned. Hence, the complainant preferred a complainant to punish the accused for the offence under Section 138 of the Negotiable Instruments Act.

(3.) The trial Court, followed the procedures and since the revision Petitioner/accused pleaded not guilty, examined P.W.1 and marked Exs.P-1 to P-6 and on the side of defense, D.W.1 was examined and convicted the accused and sentenced him as stated above.