R S RAMAN Vs. TRUSHAR J SETH

JUDGEMENT

(1.) The petitioner has been convicted u/s 417 IPC and sentenced to undergo three months simple imprisonment and to pay a compensation of Rs.1,50,000/- by the Judicial Magistrate No.V, Coimbatore in C.C.No.241 of 1999, against which, he preferred an appeal in C.A.No.88 of 2001 before the II Additional Sessions Judge, Coimbatore, who confirmed the conviction and dismissed the appeal.

(2.) A complaint had been filed by the respondent against the accused for an offence u/s 138 Negotiable Instruments Act and the Magistrate also took cognizance of the same for an offence u/s 138 Negotiable Instruments Act and had read over the substance of the complaint to the accused whether he has committed an offence u/s 138 Negotiable Instruments Act for which he had denied. But surprisingly, the Magistrate has convicted him u/s 417 IPC.

(3.) The averments in the complaint and the evidence of the complainant is to the effect that he being the proprietor of Artee Foams, the petitioner (accused) was doing a hotel business and as such, he borrowed a sum of Rs.1,50,000/- on various dates. The petitioner agreed to pay the amount back with interest at the rate of 30% per annum and executed a promissory note. Despite several demands, the accused did not pay either the principal or the interest. Then on 12.05.1999, he is alleged to have given a cheque for Rs.2,04,000/- drawn on Nedungadi Bank for the discharge of the amount. The complainant presented a cheque on 14.05.1999 through South Indian Bank, Gandhi Puram Branch and the same was returned on the ground of account closed. A lawyer's notice as contemplated under the Act was issued on 22.05.1998 to the accused calling upon him to pay the cheque amount. The accused had received the notice on 28.05.1999 but sent a reply on 04.06.1999 denying the averments and he also did not pay the cash. Hence the prosecution was launched.