R. ELANGO Vs. SARAVANAN

JUDGEMENT

(1.) THESE three Criminal Revision Cases are filed by the petitioner/accused, questioning the correctness of the common Judgment dated 26.02.2008 passed by the learned I Additional Sessions Judge, Erode in C.A. Nos. 232 of 2007, 234 of 2007 and 233 of 2007, confirming the conviction and sentence imposed in the Judgment dated 22.10.2007 made in C.C. Nos. 147 of 2005, 149 of 2005 and 148 of 2005 respectively on the file of the District Munsif cum Judicial Magistrate, Perundurai, whereby the petitioner was convicted under Section 138 of the Negotiable Instruments Act and sentenced to undergo one year rigorous imprisonment with fine of Rs.5,000.00, in default, to undergo rigorous imprisonment for a period of three months in each of the case.

(2.) THE revision petitioner in all the three Criminal Revision Cases are one and the same namely R. Elango. The three Calander cases have been filed by the respective respondent herein before the trial court under Section 138 of the Negotiable Instruments Act complaining that the cheques issued by the petitioner herein were dishonoured for 'insufficient funds'. The learned counsel for the petitioner as well as the respondent in all the three Criminal Revision Cases have advanced common argument and therefore, by consent of the counsel for both sides, these criminal revision cases are disposed of by this common order.

(3.) CRL .R.C. No. 377 of 2008 has been filed against the Judgment of the appellate Court made in Crl.Appeal No. 234 of 2007 confirming the order of conviction passed in C.C. No. 149 of 2005. The respondent/complainant has filed C.C. No. 149 of 2005 complaining that the petitioner/accused borrowed Rs.2,50,000.00 on 01.10.2007 and in order to discharge such legally enforceable debt, he issued a post dated cheque dated 20.11.2004. On presentation of the cheque for collection on 07.01.2005, it was dishonoured on 08.01.2005 for the reason 'not arranged for' i.e., for insufficient funds in the account. Therefore, a statutory notice dated 11.01.2005 was issued by the respondent/complainant, which was replied to by the petitioner/accused on 01.02.2005. Thereafter, the respondent/complainant has filed the aforesaid C.C. No. 149 of 2005.