GUNASEKARAN Vs. DHANDAPANI

JUDGEMENT

(1.) This Criminal Revision case has been filed challenging the Judgment of the learned III additional District and Sessions Judge Coimbatore in C.A.No. 47 of 2017 which confirmed the Judgment passed by the learned Judicial Magistrate Fast Track Court at Magisterial Level - II, Coimbatore in C.C.No.318 of 2014.

(2.) The respondent filed a complaint u/s 138 of Negotiable Instruments Act against the petitioner, alleging that the petitioner issued a cheque for Rs.10,00,000/- bearing No.864936 dated 28.02.2014 drawn on South Indian Bank, Coimbatore which was given for discharging his liability arose out of business transaction. The respondent presented the cheque for collection to Syndicate Bank, Coimbatore on 01.03.2014 and it was returned on 04.03.2014 with and endorsement "funds Insufficient". The respondent issued a legal notice to the petitioner on 08.03.2014 demanding payment of cheque amount of Rs.10,00,000/- within 15 days from the date of receipt of the notice. The petitioner received the notice on 11.03.2014. Even after receiving the notice, the petitioner had neither paid the cheque amount nor caused any reply. Therefore,this case was filed.

(3.) After the accused entered appearance he was questioned with regard to the substance of the accusations alleged against him and the accused denied the accusations and demanded trial. During the trial P.Ws.1 to 3 had been examined and Exs.P.1 to Ex.P.8 were marked. The respondent was examined as P.W.1 and no documentary evidence was produced on the side of the petitioner. On considering the oral and documentary evidence produced before the trial court, the learned Judicial Magistrate Fast Track Court at Magisterial Level - II, Coimbatore found the petitioner guilty u/s 138 of Negotiable Instruments Act and convicted and sentenced him to undergo one year simple imprisonment and to pay a fine of Rs.10,000/- in default to pay the fine amount to undergo 2 months simple imprisonment. Against the said Judgment the petitioner preferred a criminal appeal No.47 of 2017 on the file of III Additional District and Sessions Judge, Coimbatore. The learned Judge found no reason to interfere with the Judgment of the learned Judicial Magistrate Fast Track Court at Magisterial Level - II, Coimbatore and confirmed the Judgment by dismissing the appeal. Against the dismissal of the criminal appeal the petitioner has come up with this criminal revision case.