SUMATHI Vs. V.S. VIJAYKUMAR

JUDGEMENT

(1.) This Criminal Original Petition has been preferred challenging the judgment of the Additional Sessions Judge, Magalir Neethi Mandram, (Fast Track Court) Erode dtd. 13/9/2017 in C.A.No.144 of 2017.

(2.) The petitioner is the accused against whom the respondent has given a private complaint under Sec. 138 of NI Act-1881, for dishonor of cheque. The case was taken on file by the Fast Track Court at Judicial Magistrate level, Erode in STC No.566 of 2012 dtd. 3/5/2017. After a full fledged trial, the learned Trial Judge had found the accused not guilty for the offence under Sec. 138 of the Negotiable Instruments Act,1881 and acquitted him. Aggrieved over the same, the complainant has preferred a Criminal Appeal in Crl.A.No.144 of 2017 before the learned Additional Sessions Judge, Magalir Neethimandram, Erode and the same was allowed and the accused was a found guilty for the offence under Sec. 138 of Negotiable Instruments Act, 1881 and he was sentenced to undergo one year simple imprisonment and imposed with a fine of Rs.2,00,000.00 along with the compensation of Rs.50,000.00. Aggrieved over the same, the accused had preferred this revision petition.

(3.) Heard the submissions made by the learned counsel on either side and perused the materials available on record.