S. KANDASAMY Vs. THIRUMOORTHY

JUDGEMENT

(1.) THE petitioner has come forward with this Criminal Revision Petition questioning the correctness of the order dated 10.3.2008 passed by the Court below in Crl. M.P. No. 4151 of 2007 in C.C. No. 72 of 2007.

(2.) THE petitioner is the accused in C.C. No. 72 of 2007 instituted by the respondent herein under Section 138 of the Negotiable Instruments Act. According to the respondent, the petitioner/accused borrowed a sum of Rs. 50,000/ - from him as hand loan on 20.8.2006 and in order to repay the same, he had issued the cheque dated 20.9.2006, which was dishonoured on its presentation. Hence, a statutory notice dated 16.10.2006 was issued to the petitioner. But the petitioner refused to receive the same. Therefore, the complaint under Section 138 of the Negotiable Instruments Act was filed by the respondent.

(3.) THE Court below dismissed the Crl. M.P. No. 4151 of 2007 holding that the petitioner has not disputed his signature at any time even at the time of examination of 313(1)(A) and now after examination of witnesses on the side of the complainant, the present complaint has been preferred. The Court below also pointed out that the petitioner has not send any reply to the notice sent by the respondent disputing the issuance of the cheque. Therefore, the Court below found that the petition has been filed only to prolong the litigation and there is no bona fide in the contention urged on behalf of the petitioner. Accordingly, the Court below refused to grant the relief prayed for by the petitioner.