K. RAJENDRAN Vs. C. K. RAMASAMY

JUDGEMENT

(1.) This Criminal Revision Case is filed against the judgment of the learned II Additional District and Sessions Judge, Tiruppur in Crl.A.No.73 of 2015 confirming the judgment of the learned Judicial Magistrate (Fast Track Court), Tiruppur in C.C.No.218 of 2014.

(2.) The respondent, as the complainant, filed a complaint under Section 138 of Negotiable Instruments Act alleging that the appellant borrowed a sum of Rs.7,00,000/- from the respondent on 06.08.2012 as a hand loan to meet his urgent family and business needs and executed a promissory note promising to pay the principal with interest at 12% p.a. The appellant issued cheque bearing No.976910 for Rs.7,00,000/- drawn on Corporation Bank, Tiruppur to settle the loan. The respondent presented the cheque for collection through his bank "Corporation Bank, Tiruppur" on 15.05.2013. The cheque was returned for the reason that 'there was no sufficient fund' on 16.05.2013. The respondent issued the legal notice on 18.05.2013 and the same was returned on 21.05.2013 with an endorsement that 'notice was not claimed.' Even after knowledge of issuance of notice, the respondent has not paid the cheque amount within the stipulated time. Therefore, this complaint was filed.

(3.) After the appellant entered appearance, he was questioned with regard to the substance of accusation levelled against him. The accused denied the accusation and demanded trial. During the course of trial, on the side of prosecution, PW.1 and PW.2 were examined and Exs.P1 to P5 were marked. On the side of the accused, no witness was examined, but Exs.D1 and D2 were marked. On considering the oral and documentary evidence produced before the trial Court, the learned trial Judge found the appellant was guilty under Section 138 of Negotiable Instruments Act and convicted him and sentenced him to undergo six months imprisonment and to pay a fine of Rs.1,000/-, in default to pay the fine, to undergo simple imprisonment of one month. Against the said judgment, the appellant preferred appeal before the learned II Additional District and Sessions Judge, Tiruppur in Crl.A.No.73 of 2015. The learned II Additional District and Sessions Judge found that there was no reason to interfere with the judgment of the trial Court and confirmed the judgment. Against the said judgment, this Criminal Revision is filed.