H.S.BILKIS AYOOB Vs. HAMSA KRISHNAN

JUDGEMENT

(1.) The revision petitioner / appellant / accused has preferred the present revision in Crl.R.C.No.1703 of 2004 against the judgment made in C.A.No.415 of 2003, on the file of the III Additional Sessions Judge, Chennai, confirming the conviction and sentence made in C.C.No.1894 of 1998, on the file of V Metropolitan Magistrate, Egmore, Chennai.

(2.) The respondent / complainant's case is as follows:-

(3.) On being questioned, the accused pleaded not guilty and hence trial was conducted. On the complainant's side, two witnesses were examined and seventeen documents were marked as Exs.P1 to P17, viz., Ex.P1-power of attorney given to P.W.1 to adduce evidence, Ex.P2-letter given by accused to complainant regarding payment of Rs.1,20,350/- to complainant, Exs.P3, P4 and P5 cheque (series in three in numbers), Ex.P6-letter given by accused to complainant requesting him not to deposit the cheques at bank, Ex.P7-lawyer's notice dated 18.06.1997, Ex.P8-acknowledgment card, Ex.P9-Deposit challan for receipt of cheques, Exs.P10, P11 and P12-return memos, Ex.P13-debit advice, Ex.P14-lawyer's notice sent by the complainant to the accused dated 09.01.1998, Ex.P15-reply notice of accused, Ex.P16-power of attorney given to P.W.2, Ex.P17-bank account statement of accused. On the side of the accused, one witness was examined and seven documents were marked as Exs.R1 to R7, viz., Ex.R1-complaint given by complainant against accused at the Central Crime Branch Police, Ex.R2-notice sent by the police to the wife of the P.W.1, Exs.R3 to R7-document showing registration of sale deed on 20.11.1996, before the Sub Court for land in Doc.Nos.1778/96, 1736/96, 1779/96, 1735/96 and 1737/96.