P.R. RAVICHANDRAN Vs. G.R.ANANDHAKRISHNAN

JUDGEMENT

(1.) This Criminal Revision Case has been filed against order dtd. 23/1/2020 in C.A.No.34 of 2016 on the file of the IV Additional District and Sessions Judge, Coimbatore.

(2.) According to the petitioner/accused, the respondent/complainant filed a private complaint under Sec. 200 Cr.P.C against him for the offence under Sec. 138 of Negotiable Instruments Act (herein after referred to as -N.I Act-) before the learned Judicial Magistrate, Fast Track Court (Magisterial Level-II) Coimbatore and the same was taken on file in C.C.No.70 of 2013. After due enquiry, the learned Magistrate by an order dtd. 4/3/2016 convicted and sentenced the petitioner/accused under Sec. 138 of N.I Act. Aggrieved by the said order, the petitioner/accused filed an appeal in Crl.A.No.34 of 2016 on the file of the learned IV Additional District and Sessions Court, Coimbatore and the learned Sessions Judge dismissed the appeal on 23/1/2020. Challenging the same, the present Criminal Revision Case.

(3.) The case of the respondent/complainant is that the petitioner/accused borrowed a sum of Rs.50,000.00 on 31/1/2011 and Rs.80,000.00 on 1/2/2011 from the complainant to meet out his domestic and business requirements and the petitioner issued a post dtd. cheque dtd. 6/8/2012 to the complainant to discharge his liabilities. When the respondent presented the cheque for collection on 7/8/2012, it was returned with an endorsement -insufficient funds-. Thereafter, the complainant issued a statutory notice to the petitioner on 16/8/2012 and the petitioner sent a reply but did not come forward to settle the amount and therefore, a complaint was filed by the complainant/respondent.