K.PERIYASAMY Vs. K.ELANGO

JUDGEMENT

(1.) Challenging the judgment of conviction and sentence imposed on the petitioner by the learned Judicial Magistrate Court No.1, Mettur dtd. 19/11/2021 in C.C.No.46 of 2017, which was confirmed by the learned Additional District Judge, Fast Track Court, Mettur, vide judgment dtd. 27/6/2022 in Crl.A.No.83 of 2021, this Criminal Revision Case has been filed.

(2.) The petitioner herein is the sole accused in C.C.No.46 of 2017 and the respondent herein, filed a complaint against him under Sec. 138 of Negotiable Instruments Act, stating that the petitioner/accused had issued a cheque bearing No.797033 dtd. 30/1/2017 for a sum of Rs.15,00,000.00 towards the repayment of the amount received from the respondent/complainant, and it was returned as "insufficient funds". Therefore, the respondent/complainant issued a legal notice to the petitioner/accused to pay the cheque amount, however, the petitioner not paid the amount and hence, the respondent filed the above complaint.

(3.) Before Trial Court, the respondent/ complainant examined himself as PW1 and marked Ex.P1 to Ex.P5 on his side. On the side of the defence, four witnesses were examined as Dw1 to Dw4 and three documents were marked as Ex.D1 to Ex.D3.