MUTHUKUMARAN Vs. PERIYASAMY

JUDGEMENT

(1.) THIS Criminal Revision Case has been preferred against the judgment of the learned Additional District and Sessions Judge (Fast Track Court No.2), Madurai dated 21.09.2010 pronounced in C.A.No.43/2010. By the said judgment, the judgment of the trial court, namely learned District Munsif cum Judicial Magistrate, Vadipatti dated 07.05.2010 made in S.T.C.No.487/2008 was confirmed.

(2.) THE petitioner herein was prosecuted by the first respondent herein for an offence punishable under section 138 of the Negotiable Instruments Act, 1881, based on the allegation that the revision petitioner issued a cheque dated 07.11.2008 bearing No.936888 drawn on State Bank of Hyderabad, Madurai for a sum of Rs.4,00,000.00 in discharge of a debt due to the first respondent; that the cheque, when presented through ICICI Bank, Sholavandhan, the same was dishonoured on 10.11.2008 pursuant to which a statutory notice was issued under section 138 of the Negotiable Instruments Act, 1881 on 20.11.2008 calling upon the revision petitioner/accused to make payment of the said amount and that the revision petitioner, who received the said notice on 26.11.2008, issued a reply dated 04.12.2008 containing false averments without complying with the demand made in the notice.

(3.) AS against the said judgment of the trial court, the revision petitioner/accused preferred an appeal before the Sessions Court, which was taken on file as C.A.No.43/2010. The same came to be made over to the Additional District and Sessions Judge (Fast Track Court No.2), Madurai and the said judge, after hearing, dismissed the appeal confirming the judgment of the trial court in respect of conviction as well as sentence. Questioning the correctness and legality of the said judgment of the appellate court, the revision petitioner/accused has preferred the present criminal revision case on various grounds set out in the grounds of revision.