N.GOPALAKRISHNAN Vs. S.CHANDRA MOHAN (DIED)

JUDGEMENT

(1.) This Criminal Revision Case has been filed against the judgment and order passed by the III Additional Sessions Judge, Chennai in C.A.No.477 of 2018, dtd. 27/4/2019, dismissing the appeal and confirming the judgment and order passed by the learned Magistrate, Fast Track Court-II, Egmore, Chennai in C.C.No.6825 of 2015, dtd. 20/7/2018, convicting the petitioner for offence u/s.138 of the Negotiable Instruments Act, 1881 and sentencing him to undergo one year simple imprisonment and to pay a fine of Rs.10,80,000.00 as compensation and in default to undergo three months simple imprisonment.

(2.) The complaint was originally filed by Sri Sai Baba Waste Paper Company, represented by its Power of Attorney Agent Mr.S.Chandra Mohan. The complaint was filed on the ground that the complainant was a dealer in supplying raw materials, waste papers and waste gunny and in the course of business, materials were supplied to one Mr.K.P.Ravindran, who is the Managing Director of J.R. Papers Private Limited. In the said transaction, there was an outstanding amount of a sum of Rs.5,40,000.00 due and payable by the said Mr.K.P.Ravindran. It is further alleged in the complaint that the petitioner, who is a friend of Mr.K.P.Ravindran, came forward to settle the amount due and payable by Mr.K.P.Ravindran. In continuation of the same, the petitioner issued a cheque dtd. 5/8/2010, for a sum of Rs.5,40,000.00 in favour of the complainant. When this cheque was presented for collection, the same was returned as "funds insufficient" and it was intimated to the complainant by return memo dtd. 2/2/2011.

(3.) The complainant issued a legal notice dtd. 26/2/2011, calling upon the petitioner to pay the cheque amount within a period of 15 days and this notice was received by the petitioner on 2/3/2011. Inspite of receipt of the notice, the petitioner neither gave a reply nor repaid back the cheque amount. The same resulted in filing the criminal complaint against the accused/petitioner for offence u/s.138 of the Negotiable Instruments Act, 1881.