V. GUNASEKARAN Vs. A. SUMATHI

JUDGEMENT

(1.) The petitioner is the accused and he challenges the conviction and sentence imposed upon him under Sec. 138 of the Negotiable Instruments Act.

(2.) The facts of the case are as follows:

(3.) The petitioner had entered another sale agreement with one L. Mari to sell the above said property. After the settlement talks between the petitioner and the respondent, the petitioner assured to pay a sum of Rs.3,38,000.00, for which, he has paid a sum of Rs.50,000.00 to the respondent on 12/2/2018 and he has issued a cheque dtd. 15/4/2018 bearing cheque No.043366 of Union Bank of India, Kolathur Branch for a sum of Rs.2,97,000.00 and When presented with the bankers, was returned dishonoured with an endorsement "Funds insufficient", and that the statutory notice issued subsequently also did not evoke any response. After accepting the respondent's case, the learned Metropolitan Magistrate, Fast Track Court-I, Egmore @ Allikulam, Chennai, convicted the petitioner and sentenced him to suffer simple imprisonment for a period of one year and to pay a fine of cheque amount with a default sentence of simple imprisonment for three months, which, on appeal, was confirmed. Challenging the said Judgment, the petitioner has filed an appeal before the learned Principal Sessions Judge, Chennai and the same was dismissed for default on the ground that the appellant has not appeared before the Trial Court on the date of judgment and the trial Court issued NBW against the appellant. However, the appellant has not surrendered before the Sessions Court and obtained bail order. Hence, the present revision.