PAPJI Vs. PANDIYAMMAL

JUDGEMENT

(1.) Challenging the orders dtd. 26/5/2023 in Crl.M.P.No.9557/2022 in S.T.C.No.314/2021 on the file of Fast Track Judicial Magistrate, Tiruppur, the present revision petitioner/accused has filed this criminal revision.

(2.) The respondent/complainant filed a private complaint under Sec. 200 Cr.P.C. against the revision petitioner/accused for an offence punishable under Sec. 138 of Negotiable Instruments Act. In the complaint, the respondent had stated that the accused is his family friend and in the year 2018, he borrowed various amounts on different dates. In order to discharge the debt, the accused issued a cheque bearing No.485540 dtd. 3/11/2020 for a sum of Rs.3,50,000.00 drawn on State Bank of India, Tirupur branch. When the said cheque was presented for collection by the complainant on 4/11/2020, the same was returned for the reason 'Funds Insufficient'. Thereafter, the complainant sent a legal notice dtd. 12/11/2020 to the revision petitioner demanding the latter to make good the amount due under the cheque. Though the revision petitioner received the said notice as is seen from the Registered Postal Acknowledgement Card, the accused did not come forward to make good the payment. He did not also send any reply.

(3.) Thereafter, the respondent/complainant filed the private complaint under Sec. 200 of Cr.PC before the Fast Track Judicial Magistrate, Tiruppur. The same was taken on file in STC No.314/2021. After receiving summons, the accused entered appearance. Copies of records were furnished to him under Sec. 207 Cr.PC. and when the accused was questioned with regard to the substance of the accusations made in the complaint, the revision petitioner/accused denied having committed the offence. The complainant examined himself and he cross examined by the accused at length. In fact, the accused had not denied the signature on the cheque issued by him to the complainant and no suggestion was put to PW1 (complainant) in this regard. Subsequently, the accused filed a petition in Crl.M.P.No.9557/2022 before the trial Court under Sec. 45 of Indian Evidence Act for comparing the writings made on the impugned cheque.