RAJALAKSHMI Vs. P. DOSS

JUDGEMENT

(1.) This Criminal Revision is filed by the petitioner by name Rajalakshmi, aggrieved by the conviction for the offence under Sec. 138 of the Negotiable Instruments Act 1881, by the Judgement dtd. 29/3/2012 of the Learned I1-Metropolitan Magistrate, Egmore in C.C.No.1308 of 2012 and imposing a sentence of six months Simple Imprisonment and to pay a fine of Rs.5,000.00 and in default to undergo two mouths Simple Imprisonment and the Judgment of the Learned V- Additional Sessions Judge, Chennai in Crl.A.No.74 of 2012, dtd. 20/1/2014, thereby, dismissing the appeal and confirming the conviction and sentence passed by the Trial Court.

(2.) This is a case arising by way of a private complaint filed under Sec. 200 of the Negotiable Instruments Act. The case of the complainant is that the accused befriended the complainant and obtained the loan on different dates in all totaling a sum of Rs.5.00 Lakhs and issued a letter of undertaking on 27/7/2004 confirming the borrowal and issued a cheque dtd. 25/8/2004 for a sum of Rs.5.00 Lakhs, which was presented to the Indian Bank, Harbour Branch on 28/8/2004, the same was returned with an endorsement "Funds insufficient". The complainant issued a statutory notice on 26/9/2004, and the accused received the said notice on 2/12 https://www.mhc.tn.gov.in/judis Crl.R.C.No.274 of 2014 28/8/2004, but, he did not make any payment within the statutory time or thereafter, hence, the complaint.

(3.) The case was taken on file in C.C.No.1308 of 2006 and the sworn statement was recorded on 15/6/2006 and having taken cognizance of the case for the offence under Sec. 138 of the Negotiable Instruments Act, issued summons to the accused. Upon being furnished the copies under Sec. 207 of Cr.P.C., the petitioner/accused denied the charge and stood trial.