R.MANI Vs. P.S.DEIVARAJ

JUDGEMENT

(1.) The Revision Petition is filed by the accused in the private complaint filed against him for issuing a cheque for Rs.2,00,000.00, without arranging with his bank to honour the same. The trial Court acquitted him. Being aggrieved, the complainant preferred appeal before the High Court, same was transferred to the District Sessions Court. The Sessions Court allowed the appeal. Being aggrieved, the accused is before this Court.

(2.) Before adverting into the main petition, it is necessary to first deal with the Criminal Miscellaneous Petition No.7641 of 2023 filed by the respondent P.S.Deivaraj, seeking leave of this Court to transpose him as the Criminal Revision Case. Also, to convert it into Criminal Appeal against the order of acquittal dtd. 30/11/2010 made in S.T.C.No.707 of 2010 on the file of the Judicial Magistrate Court No.1, Namakkal and treat his grounds of appeal in Crl.A.No.30 of 2007 laid before the Sessions Court as grounds of revision. In the light of the judgment rendered by the Hon'ble Full Bench of this Court in K.Rajalingam v. Suganthalakshmi vide order dtd. 28/5/2020 reported in [2020 SCC Online Mad 1052] and the clarifying order by the Hon'ble Division Bench dtd. 16/7/2021.

(3.) Now, reverting back to the facts, P.S.Deivaraj filed a private complaint before the Judicial Magistrate Court No.1, Namakkal stating that R.Mani borrowed a loan of Rs.2,00,000.00 from him on 1/2/2006 with a promise to repay the said loan amount with interest at the rate of 18% within five months and gave a post-dated cheque bearing No.866295 dtd. 1/7/2006. When the said cheque was presented for collection, it was returned with an endorsement "funds insufficient". When R.Mani was put to notice about the return of the cheque and to pay the cheque amount within 15 days, he did not pay the money. Hence, R.Mani is to be tried for the offence under Sec. 138 of the Negotiable Instruments Act, 1881.