B. RAMESH KUMAR Vs. S. MURUGAN

JUDGEMENT

(1.) This Criminal Revision Petition is directed against the judgment of the learned II Additional District and Sessions Judge, Erode in CA.No.133 of 2016 which was filed against the judgment of the learned Judicial Magistrate cum Fast Track Judge I, Erode.

(2.) The respondent as a complainant filed a complaint under Section 138 read with 142 of the Negotiable Instruments Act, 1881 alleging that on 28.09.2014, the petitioner borrowed a sum of Rs.5 lakhs from him and promised to repay the amount on 29.10.2014. The petitioner issued a cheque for Rs.5 lakhs drawn on Karnataka Branch, Gandhiji Road, Erode for discharging his liability. The respondent presented the cheque for collection on 06.11.2014 through State Bank of India, Erode Branch. The cheque was returned as "Funds insufficient" on 11.11.2014. The petitioner issued a cheque without sufficient amount in his account. Therefore, the respondent issued a legal notice on 17.11.2014 calling upon the payment of Rs.5 lakhs within 15 days from the date of receipt of the notice. The petitioner received the notice on 18.11.2014 and gave a reply dated 18.11.2014 with false allegations. Since, he failed to pay the cheque amount within 15 days, the complaint was filed.

(3.) After the petitioner entered appearance, he was questioned with regard to the offence alleged against him. He denied the offence and the trial was commenced. During the trial, the respondent was examined as PW.1 and Exs.P.1 to P.7 had been marked. On the side of the petitioner DW-1 to DW-4 were examined and Exs.D.1 to D.4 were marked. On considering the oral and documentary evidence, the learned Judicial Magistrate, found the petitioner guilty under Section 138 of the Negotiable Instruments Act and sentenced him to undergo simple imprisonment for six months and to pay a fine of Rs.5,000/- in default to pay fine, he has to undergo 15 days simple imprisonment. Against the said judgment, the petitioner has preferred Criminal Appeal No.133 of 2016, on the file of II Additional District and Sessions Judge, Erode. The learned II Additional District and Sessions Judge, Erode did not interfere with the judgment of the trial court and dismissed the appeal by confirming the judgment of the learned Judicial Magistrate. Against the said judgment, this Criminal Revision Petition is filed.