M R CHANDRASEKARAN Vs. N SWAMINATHAN (DIED) NANDAKUMAR

JUDGEMENT

(1.) The accused is the revision petitioner in both the revision petitions. The respondent is the complainant power agent in both the revision petitions.

(2.) The respondent presented a complaint on the basis of the cheque said to have been issued by the accused on 03.11.2001 and 22.11.2001 for Rs.10 lakhs and Rs.2 lakhs respectively for the supply of building materials and other transactions. The accused is the building contractor in Public Works department. The Complainant is the supplier and after supplying the materials,the accused has issued cheques. When it was presented to the bank, it has been returned as "insufficient funds". Thereafter the complainant has issued statutory notice on 3.12.2001 calling for the accused to repay the cheque amount of Rs.2 lakhs and for Rs.10 lakhs. Since no reply has been issued, he has presented a complaint and the same has been taken cognizance by the learned Judicial Magistrate No.V, Tiruchirappalli in C.C.No.423 and 558 of 2006 respectively.

(3.) On the side of the prosecution P.Ws.1 to 3 wee examined and Exs.A1 to A7 were marked. On the side of the respondent/Accused, R.W.1 was examined and no document was marked. After appreciating the evidence on both sides, the trial Court convicted the accused under Section 138 of the Negotiable Instruments Act and sentenced him to undergo one year R.I. and to pay a sum of Rs.2 lakhs and 10 lakhs respectively to the complainant as compensation. On appeal also the learned I Additional District Sessions Judge (PCR), Tiruchirappalli has confirmed the order of the trial Court in Crl.A.Nos. 11 and 12 of 2008 dated 30.07.2012. Against which, the present revisions have been filed by the accused.