K.RAMESH Vs. S.ILANCHEZIAN

JUDGEMENT

(1.) This Criminal Revision case has been filed to set aside the Judgment dtd. 1/2/2018 passed by the learned II Additional Sessions Judge, Puducherry in Criminal Appeal No.4 of 2015 confirming the Judgment dtd. 24/2/2015 in C.C.No.69 of 2009 passed by the learned Chief Judicial Magistrate, Puducherry, thereby convicted the petitioner for the offence punishable under Sec. 138 of Negotiable Instruments Act.

(2.) The petitioner is an accused in the complaint lodged by the respondent alleging that the petitioner borrowed a sum of Rs.4,20,000.00 for his immediate family and other compelling commitments during first week of November, 2004. The respondent agreed to provide the finance as required by the petitioner and had lent a sum of Rs.4,20,000.00 on 7/11/2004. In order to repay the said amount, the petitioner issued post dated cheque in favour of the respondent for a sum of Rs.4,20,000.00 dtd. 7/1/2005. On instruction, the respondent presented the same for collection on 8/4/2005 and the same was returned with an endorsement as 'Funds Insufficient'. The respondent caused legal notice on 25/4/2005 and the same was duly received by the petitioner on 26/4/2005. Thereafter, the petitioner failed to pay the amount as demanded by the respondent and as such the respondent filed a complaint for the offence punishable under Sec. 138 of Negotiable Instruments Act.

(3.) On the side of the respondent, he was examined as P.W.1 and marked Exs.P1 to P4. On the side of the petitioner, he was examined as D.W.1 and D.W.2 was also examined and marked Exs.D1 to D13. On perusal of oral and documentary evidences, the Trial Court found the petitioner guilty and convicted the petitioner for the offence punishable under Sec. 138 of Negotiable Instruments Act and sentenced him to undergo one year simple imprisonment and also ordered compensation of a sum of Rs.4,20,000.00 as contemplated under Sec. 357 of Cr.P.C. Aggrieved by the same, the petitioner preferred an appeal and the same was dismissed, confirming the order passed by the Trial Court. Hence, this revision.