SHANKAR Vs. ANJANEA FINANCE AND INVESTMENT

JUDGEMENT

(1.) THE revision petitioner herein/accused had borrowed a sum of Rs.23,000.00 from one Munusamy and gave a cheque for the said amount on 02.07.1998, drawn on South Indian Bank, in order to discharge the said loan amount. The said Munusamy made over the cheque to the respondent herein/complainant namely Sri Anchaneya Finance and investments on 07.12.1998, for the consideration of Rs.23,000.00 who in turn presented the same for collection into their Bank, viz., Bank of India, on 18.12.1998. The said cheque was bounced for the reason "stop payment". Thereafter, the complainant had observed all legal formalities and filed the case in C.C.No.373 of 1999, on the file of Judicial Magistrate-I, Kancheepuram under sections 138 of Negotiable Instruments Act.

(2.) ON the side of the complainant, three witnesses had been examined, viz., P.W.1-Sudhakar, P.W.2-Manager, Bank of India and P.W.3-Branch Manager, South Indian Bank and he had marked nine documents viz., Ex.P1-copy of the registration of the finance company, Ex.P2-dishonored cheque, Ex.P3-Bank return memo of South Indian Bank, Ex.P4-return memo of Bank of India, Ex.P5-legal notice, Ex.P6-acknowledgment card, Ex.P7-reply notice issued by the accused, Ex.P8-certificate of the finance company issued by the Bank and Ex.P9-Bank account particulars of accused. On the side of the respondent, no document was marked. Court witness, one Munusamy, was examined.

(3.) AFTER considering the oral and documentary evidence, the learned Magistrate had come to a conclusion that the complainant had observed all legal formalities and established his case beyond doubt. The learned Magistrate questioned the accused regarding the quantum of punishment. The accused replied that his family members depend upon him and pleaded for minimum punishment. Hence, the learned Magistrate imposed a sentence of simple imprisonment, on the accused, for a period of two months and awarded a compensation of a sum of Rs.23,000.00 in default to pay the said compensation, the accused was to further undergo simple imprisonment for a period of one month.