SRINIVASAN Vs. R. VALLI

JUDGEMENT

(1.) This criminal revision case has been filed as against the concurrent findings on a complaint instituted under Section 138 of the Negotiable Instruments Act.

(2.) The trial Court, namely, the learned Principal District Munsif-cum-Judicial Magistrate, Karaikudi, found this petitioner guilty under Section 138 of the Negotiable Instruments Act, in S.T.C No.454 of 2005 and by order, dated 24.11.2011, convicted and sentenced to undergo imprisonment for One year and to pay a fine of Rs. 1,000/-, in default, to undergo imprisonment for Two months for the offence he was stood charged. As against the conviction and sentence, the petitioner has preferred an appeal and the learned Fast Track Mahila Judge, Sivaganga, by order dated 13.07.2016, in C.A.No.53 of 2011, confirmed the conviction and sentence imposed by the trial Court. Aggrieved over the same, the petitioner has preferred the instant revision case.

(3.) The case of the respondent/complainant is that the wife of the petitioner/accused borrowed a sum of Rs.2,60,000/-and in discharge of the debt had issued a cheque for Rs.3 Lakhs, dated 24.01.2005. The cheque was drawn on ICICI Bank Ltd., Karaikudi. The complainant had presented the cheque through his Bank ICICI Bank Ltd., Karaikudi and the same was returned with an endorsement 'insufficient funds'. Therefore, the complainant, after issuing a notice calling upon the petitioner/accused to make the payment as required under Clause (b) of the proviso to Section 138 of the Negotiable Instruments Act, filed the complaint, after the statutory period. Both the Courts below have found the petitioner/accused guilty and aggrieved, the petitioner has preferred the instant revision case.