R. ASHOK KUMAR Vs. P. RAVIKUMAR

JUDGEMENT

(1.) The Appeal has been filed by the Appellant/Complainant against the Judgement passed by the First Additional District and Sessions Judge, Coimbatore in C.A.No.253 of 2011 dtd. 30/7/2012, reversing the Judgement of conviction and sentence passed by the learned Judicial Magistrate, Fast Track Court Magistrate Level-II, Coimbatore, in C.C.No.3 of 2011, dtd. 10/11/2011, finding the Respondent/Accused guilty for the offence under Sec. 138 of the Negotiable Instruments Act and convicting the Respondent/Accused to undergo Simple Imprisonment for a period of 10 months and to pay a fine of Rs.5,000.00 and in default to undergo another 3 months Simple Imprisonment.

(2.) When the matter was listed on 19/11/2013, there was no representation for the appellant. Thereafter, the case had been posted on 3/12/2013, 16/1/2014, 20/1/2014, 27/1/2014 and 31/10/2018 and on all these days, there had been no representation for the appellant. Again this matter was listed before this Court on 7/1/2021. Even on that day, there was no representation for the appellant and thereby, this Court directed the matter to be listed today. Even today i.e. 11/1/2021, there is no representation for the appellant.

(3.) The Brief facts of the case: In January 2007, the Respondent/Accused had requested the Appellant/Complainant to advance him Rs.5.25 lakhs and the Appellant/Complainant had made arrangements for the same and lent a sum of Rs.5.25 lakhs to the Respondent/Accused on 12/9/2007. The Respondent/Accused had promised to repay the same with interest @ 24% per annum within three months from the date of borrowal. However, the Respondent/Accused failed to make the repayment within the stipulated time. After repeated demands made by the Appellant/Complainant, the Respondent/Accused issued a cheque dtd. 4/12/2007 for Rs.5.25 lakhs drawn on his account M/s.Bank of India, Perur Branch and the Respondent/Accused had promised that he would pay accrued interest within a month. On 8/12/2007, the Appellant/Complainant had presented the said cheque with his banker, the Central Bank of India, Peelamedu Branch but the said cheque was dishonoured on the ground of "insufficient funds" in the account of the Respondent/Accused. Therefore, on 18/12/2007, the Appellant/Complainant issued a statutory notice. But that did not evoke any response including a reply notice. Hence, the complaint.