R. MATHANKUMAR Vs. S. AZHAGESAN

JUDGEMENT

(1.) This Petition has been filed by the Petitioner to set aside the Judgment and Conviction passed by the Additional District and Sessions Court, Theni in Crl.A. No.53 of 2017 on 9/1/2019, in confirming the Judgment and Conviction passed by the learned Judicial Magistrate (Fast Track Court), Uthamapalayam in C.C. No.32 of 2015 on 23/3/2017. In the Trial Court, the Complainant filed a Complaint under Sec. 138 of Negotiable Instruments Act as against the Petitioner and the Trial Court convicted the Accused and sentenced him to undergo three months' Simple Imprisonment and to pay a Compensation of Rs.4,00,000.00 (Rupees Four Lakhs only) in default to undergo one month Simple Imprisonment by a Judgment, dtd. 23/3/2017. As against the said conviction and Judgment, the Petitioner filed a Criminal Appeal in C.A. No.53 of 2017 and the same was disposed of by the learned Additional District and Sessions Judge, Theni at Periyakulam, by dismissing the Appeal through its Judgment, dtd. 9/1/2019. Aggrieved by the said Judgment, this present Criminal Revision Case is filed.

(2.) The case of the De facto Complainant in Trial Court is that the Petitioner is known to the De facto Complainant and he approached the De facto Complainant for obtaining Loan and on 15/2/2015, the Petitioner borrowed a sum of Rs.4,00,000.00 from the De facto Complainant and assured to pay a same and for that, he issued a Cheque bearing No.008808, Axis Bank, Kambam branch, dtd. 16/3/2015. When the same was presented on 23/4/2015, the said Cheque was returned unpaid as 'insufficient funds'. Thereafter, the De facto Complainant sent a Notice through his Counsel on 24/4/2015. After receipt of the said Notice, the Petitioner/Accused issued Reply Notice, dtd. 30/4/2015 with false allegations. Thereafter, the Complainant filed a Complaint under Sec. 138 of Negotiable Instruments Act and the Trial Court has taken cognizance for the offence under Ss. 138 and 142 of Negotiable Instruments Act and issued Summons and on Summons, the Petitioner/Accused appeared before the Trial Court and thereafter, the copy of the records were furnished to the Petitioner under Sec. 207 of Cr.P.C. Thereafter substance of charge was explained to the Petitioner and he denied the charges.

(3.) Thereby, the De facto Complainant had examined PW1 to PW3 and marked Exs.P1 to P6 and on the side of the Petitioner, DW1 and DW2 were examined and marked Exs.D1 to D3. After examination of Complainant side Witness, the Accused was examined under Sec. 313(1)(b) of Cr.P.C., with regard to incriminating circumstances found in the prosecution evidences. The Accused denied the evidences.