R.MURUGESAN Vs. S.KARTHIKEYAN

JUDGEMENT

(1.) These Criminal Revision Cases have been filed seeking to set aside the judgment dtd. 23/10/2018 passed by the II Additional District and Sessions Judge, Salem, in C.A.No.104 of 2017 and C.R.P.No.35 of 2017, confirming the conviction and the sentence imposed on the petitioner in STC No.608 of 2016, on the file of the Judicial Magistrate, No.III, Salem, by the judgment dtd. 24/7/2017, and set aside the order for payment of compensation of Rs.10.00 lakhs under Sec. 357 (3) of Cr.P.C.

(2.) The petitioner is the accused and the respondent is the complainant in both the revision petitions.

(3.) The case of respondent is that the petitioner had borrowed Rs.3.00 lakhs on 10/1/2014, another Rs.3.00 lakhs on 10/6/2014 and Rs.4.00 lakhs on 10/10/2014 from the respondent for his family and business expenses agreeing to repay the same with interest @ 12% per annum and in order to discharge the said debt, the petitioner had executed a promissory note in favour of the respondent on 10/10/2014 and he paid interest till 10/12/2014 and further, the petitioner had issued a cheque dtd. 10/12/2014 bearing No.853094 for Rs.10.00 lakhs drawn at State Bank of India, Salem-8. Thereafter, as per the instruction of the petitioner, the respondent presented the said cheque with his banker for encashment but the same was dishonoured for'insufficient funds' on 12/12/2014. Hence, the complainant issued a legal notice to the petitioner demanding the said amount within 15 days. But the petitioner deliberately returned the notice and failed to make payment. Therefore, the respondent had filed a private complaint against the petitioner under Sec. 138 of Negotiable Instruments Act before the learned Judicial Magistrate No.III, Salem, and the learned Magistrate taken cognizance of the complaint in STC No.608 of 2016, and after enquiry, convicted the petitioner for the offence under Sec. 138 of Negotiable Instruments Act and sentenced him to undergo six months simple imprisonment and to pay a fine of Rs.5,000.00 and in default to undergo 1 month simple imprisonment by order dtd. 24/7/2017.