K.E. RAMESH Vs. SALONA COTSPIN LTD.

JUDGEMENT

(1.) This revision is preferred against two concurrent judgments of the Courts below convicting the petitioner for offences under Section 138 of the Negotiable Instruments Act and sentencing the petitioner to undergo four months S.I. and fine of Rs.1,000/- in default one month S.I.

(2.) The petitioner faced trial for offences under Section 138 of the Negotiable Instruments Act in S.T.C.No.2033 of 2006 on the file of the learned Judicial Magistrate I, Coimbatore. The complainant company is engaged in yarn business. The complainant's case was that the petitioner has purchased yarn and towards payment therefor, issued a cheque for Rs.2,67,500/- dated 17.11.2005. On presentation of the cheque and return thereof unpaid, the complainant caused statutory notice, followed the procedure envisaged under section 138 of the Negotiable Instruments Act and preferred the complaint.

(3.) Before the trial Court, the prosecution examined one witness and eight exhibits were marked. None were examined on behalf of the defence nor were any exhibits marked.