ANBARASAN Vs. R. DURAIRAJ

JUDGEMENT

(1.) The accused, who was convicted in a criminal case instituted on a private complaint by the respondent herein as C.C. No. 230 of 2006 on the file of the learned Judicial Magistrate No. V, Madurai has approached this Court with the present revision under Section 397 Cr.P.C. read with 401 Cr.P.C., after suffering a dismissal of his appeal before the learned Additional Sessions Judge cum Fast Track Court No. I, Madurai in C.A. No. 73 of 2006. He was found guilty and punishable for an offence under Section 138 of the Negotiable Instruments Act, 1881 based on the dishonour of the cheque issued by the revision petitioner herein in favour of the respondent herein in discharge of a debt and based on the allegation that even after receipt of the intimation of dishonour of the cheque on the ground of non availability of sufficient funds in the account on which it was drawn by a statutory notice and was called upon to make payment of the cheque amount, the revision petitioner failed to do so.

(2.) After trial, the learned trial Judge, on appreciation of evidence, held that the accusation made against the revision petitioner stood proved, and found him guilty of the offence under Section 138 of the Negotiable Instruments Act, 1881. Accordingly, he was convicted for the said offence and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 5,000/- with a default sentence of simple imprisonment for one month. The said judgment of the trial Court was challenged before the lower appellate Court in C.A. No. 73 of 2006. The learned lower Appellate Judge also concurred with the finding of the trial Court and dismissed the appeal confirming the judgment of the trial Court in all respects. Thereafter, the present Criminal Revision Case came to be filed.

(3.) The arguments advanced by Mr. J. Jawahar, learned counsel for the revision petitioner and Mr. M. Subash Babu, learned counsel for the respondent are heard.