R. VIVEKANANDAN Vs. CHANDRAKANTHAN

JUDGEMENT

(1.) THIS Criminal Revision arises against concurrent judgments of Courts below convicting petitioner of offence u/s. 138 of the Negotiable Instruments Act and sentencing him to undergo 3 months S.I. and directing payment of compensation in a sum of Rs. 10,00,000/ - i/d 2 months S.I. Respondent/complainant preferred a complaint informing that petitioner is the founder of "Krishna Educational Trust" and he had borrowed a sum of Rs. 10,00,000/ - towards developing a college viz., "Sri Krishna Engineering College". Towards repayment of the same, petitioner issued three cheques bearing Nos. 214014, 214015 and 701617 dated 30.06.2002, 31.07.2002 and 02.08.2002 respectively drawn on Indian Overseas Bank, Kilpauk, Chennai. Respondent presented the cheques for payment in Lakshmi Vilas Bank, Panruti, on different dates but the same were returned unpaid owing to "insufficient funds". Respondent/complainant caused statutory notice on 12.09.2002 and petitioner/accused having received the same, failed to effect repayment. Hence, in keeping with the provisions of Section 138 of the Negotiable Instruments Act, respondent/complainant preferred complaint.

(2.) BEFORE trial Court, two witnesses were examined on the side of respondent and fourteen exhibits were marked. None were examined on behalf of the defence nor were any exhibits marked.

(3.) HEARD learned counsel for petitioner and learned counsel for respondent.