S THANGAVEL Vs. V KUPPUSAMY

JUDGEMENT

(1.) This revision has been preferred against the judgment of conviction and sentence, dated 06.08.2008, in C.A.No.69 of 2008 on the file of the First Additional Sessions Judge, Erode, whereby the accused found guilty for the offence under Section 138 of Negotiable Instruments Act and sentenced him to undergo one year simple imprisonment and imposed a fine of Rs.5,000/- in default to undergo three months' simple imprisonment, confirming the judgment of conviction and sentence, dated 25.01.2008, in C.C.No.173 of 2005, on the file of the District Munsif Court-cum-Judicial Magistrate's Court, Kodumudi.

(2.) The gist and essence of the case is as follows:

(3.) The trial Court after considering the evidence of P.W.1, D.W.1 to D.W.3 and Exs.P1 to P5, Exs.D1 to D4, found the revision petitioner/accused guilty for the offence under Section 138 of Negotiable Instruments Act and sentenced him to undergo one year simple imprisonment and imposed a fine of Rs.5,000/- in default to undergo three months' simple imprisonment, against which, the accused preferred an appeal in C.A.No.69 of 2008, on the file of the First Additional Sessions Judge, Erode. The learned First Additional Sessions Judge, after considering the arguments of both the counsel and materials available on record, confirming the judgment of conviction and sentence passed by the trial Court, against which, the present revision has been preferred by the accused.