S.VASUNDRA Vs. ESCORTS FINANCE LIMITED

JUDGEMENT

(1.) THE revision petitioner / appellant / accused has preferred the present revision in Crl.R.C.No.833 of 2005 against the judgment passed in C.A.No.246 of 2003, on the file of learned Additional Sessions Judge, Fast Track Court-II, Chennai, confirming the conviction and sentence passed in C.C.No.968 of 2000, on the file of XIV Metropolitan Magistrate, Egmore, Chennai.

(2.) THE respondent / complainant's case is as follows:- The accused, in order to discharge the dues payable to the complainant, issued a cheque dated 31.08.1999, drawn on Bank of Madura, West Mambalam, Chennai, for a sum of Rs.50,000.00 to and in favour of the complainant. When the complainant deposited the said cheque for encashment with his bankers viz., Federal Bank, Anna Salai, Chennai Branch on 20.12.1999, it was returned unpaid with an endorsement of "insufficient funds" in the account of the accused on 21.12.1999. The complainant sent a legal notice to the accused on 23.12.1999, which was received by the accused on 27.12.1999. In spite of receipt of notice, the accused had neither replied nor paid the cheque amount. Hence, the complainant had filed a complaint against the accused for an offence under Section 138 of Negotiable Instruments Act before the XIV Metropolitan Magistrate, Egmore, Chennai.

(3.) P .W.1, Sanjeev Sethi had adduced evidence that he is a lawyer employed in the complainant's firm and that the power of attorney given to him by his firm had been marked as Ex.P1. P.W.1 adduced evidence, which is corroborative with the statements made in the complaint and in support of his evidence, he had marked the documents listed as Exs.P1 to P5.