R.M.VENKATESAN Vs. V.MADHESWARAN

JUDGEMENT

(1.) The revision petitioner/appellant/ accused has preferred the present revision in Crl.R.C.No.189 of 2006 against the judgment made in Crl.A.No.39 of 2004, on the file of Principal & District and Sessions Court, Namakkal, confirming the order dated 31.03.2004 in C.C.No.242 of 2002, on the file of Judicial Magistrate, Thiruchengode.

(2.) The respondent/complainant's case is as follows:- The accused had borrowed a sum of L 2,00,000/- from the complainant on 10.12.1999, for his family expenses. In order to discharge the said debt, the accused had issued a cheque dated 22.06.2000, drawn on Union Bank of India, Erode Branch for a sum of L 2,25,000/- to and in favour of the complainant. When the complainant presented the said cheque for encashment with his bankers, viz, Lakshmi Vilas Bank, Pallipalayam Branch on 22.06.2000, it was returned unpaid with an endorsement of "account closed" on 23.06.2000. The complainant sent a lawyer's notice to the accused on 07.07.2000 which was received by the accused on 11.07.2000. The accused sent a reply notice dated 17.07.2000 making false allegations. Hence, the complainant had filed a complaint against the accused for an offence under Section 138 of Negotiable Instruments Act before the Judicial Magistrate Court, Thiruchengode.

(3.) On being questioned, the accused pleaded not guilty and hence trial was conducted. On the complainant's side, three witnesses were examined and seven documents were marked as Exs.P1 to P7, viz., Ex.P1-cheque dated 22.06.2000, Ex.P2-counter foil for deposit of cheque dated 22.06.2000, Ex.P3-return memo dated 22.06.2000, Ex.P4-debit advice dated 23.06.2000, Ex.P5-lawyer's notice dated 07.07.2000, Ex.P6-acknowledgment card, Ex.P7-reply notice. On the side of the accused, eight documents were marked as Exs.R1 to R8, viz., Ex.R1-copy of general power of attorney given by the accused and his father and brother to the complainant dated 15.06.1999, Ex.R2- copy of letter dated 20.12.1999 cancelling the power of attorney given as Ex.R1, Ex.R3 and Ex.R4-copy of sale deed executed by complainant dated 27.12.1999, Ex.R5-copy of rectification deed registered at Sub Court, Kumarapalayam, dated 27.12.1999, Ex.R6-copy of notice sent by accused to complainant dated 20.12.1999, Ex.R7-copy of cheque issuance register, Ex.R8-copy of bank account statement of accused from 01.06.1997 to 30.04.2000.