G. THANICKACHALAM Vs. R. JAYASANKAR

JUDGEMENT

(1.) This Criminal Revision Case is filed by the petitioner/accused, aggrieved by the judgment of the learned Judicial Magistrate No.II, Cuddalore in S.T.C.No.467 of 2011, thereby, convicting the petitioner for an offence under Sec. 138 of Negotiable Instruments Act and sentencing to undergo Simple Imprisonment for a period of six months and to pay a sum of Rs.10,00,000.00 as compensation to the respondent/complainant within two months, in default to pay compensation to the respondent/complainant, to undergo Simple Imprisonment for a period of two months and the judgment of the learned Principal Sessions Judge, Cuddalore, dtd. 8/4/2014 in Crl.A.No.28 of2013, thereby, confirming the conviction and sentence imposed by the Trial Court.

(2.) This is a case arising out of a private complaint filed under Sec. 200 of Code of Criminal Procedure, for an offence under Sec. 138 of Negotiable Instruments Act. The case of the respondent/complainant is that on 27/5/2011, the petitioner/accused requested for a hand loan of Rs.5,00,000.00 for his family requirements and the respondent/complainant had lent the amount on the same day out of friendship. In repayment thereof, the petitioner/accused issued cheque bearing No.519297, dtd. 27/5/2011, drawn on Bank of Baroda, Cuddalore branch, promising to pay the amount within four months from the date of borrowal. However, the petitioner/accused did not do so. Therefore, the complainant presented the said cheque with his banker on 28/5/2011 and cheque was returned dishonoured. Therefore, he issued a statutory notice on 2/6/2011 and on the receipt of which, the petitioner/accused neither issued any reply nor paid the amount, within the stipulated time and hence the committed the offence punishable under sec. 138 of the Negotiable Instruments Act, 1881 and therefore, he filed the private complaint.

(3.) Upon recording the sworn statement of the respondent/complainant, the learned Judicial Magistrate took the case on file in S.T.C.No.467 of 2011 and issued summons to the petitioner/accused. Upon appearance and being furnished with the copies, the petitioner/accused denied the charge and stood trial.