VENKATARAMAN Vs. MAHESH KUMAR POREVEL

JUDGEMENT

(1.) This Criminal Revision has been filed challenging the judgment of the learned I Additional District Sessions Judge, Salem dtd. 21/6/2017 in Crl.A.No.42 of 2015.

(2.) The petitioner is the accused against whom the respondent has filed a private complaint for the offence under Sec. 138 of NI Act. According to the complaint made by the respondent, the petitioner had availed a loan of Rs.1,80,000.00 and towards the discharge of the same he had issued a cheque for Rs.1,80,000.00 dtd. 7/6/2003. When the cheque was presented for collection, it was returned as 'insufficient funds'. After complying the legal mandates, the complaint was filed for the offence under Sec. 138 NI Act. After the conclusion of the trial, the learned trial Judge had recorded the guilt of the accused and chosen to convict him to undergo 6 months simple imprisonment and to pay a fine of Rs.2,000.00 and also awarded a compensation of Rs.20,000.00. The petitioner had challenged the same by way of preferring an appeal in C.A.No.42 of 2015 and the same was partly allowed by modifying the sentence by confirming it to the imprisonment and fine and setting aside the order of the compensation. Aggrieved over the same the petitioner has preferred this revision.

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