K P KALATHARAMENAN Vs. P RAVI

JUDGEMENT

(1.) THIS revision has been filed by the complainant/petitioner against the modification of sentence made by the II Additional District Sessions Court, Erode in C. A. No. 173 of 2001 rendered by Judicial Magistrate II, Erode in C. C. No. 52 of 2000.

(2.) THE complainant/petitioner filed complaint under section 138 of the Negotiable Instruments Act by saying that the accused/respondent borrowed Rs. 75,000/= on 28. 3. 1999 from the complainant and issued cheque towards discharge of the said debt and when the said cheque was presented for encashment on 19. 6. 1999, it was dishonoured for the reason of insufficiency of funds, before Judicial Magistrate II, Erode.

(3.) AFTER trial, Judicial Magistrate II, Erode has found and concluded that the accused has committed offence under section 138 of the Negotiable Instruments Act and consequently convicted and sentenced the accused to undergo six months simple imprisonment and to pay fine of Rs. 5000/= and on payment of such fine amount, ordered for compensation of Rs. 4000/= to the complainant out of that fine amount.