K HARIHARAN Vs. CO-OPERATIVE HOUSING SOCIETY

JUDGEMENT

(1.) The petitioner is the accused and the respondent is the complainant.

(2.) The revision has been filed by the petitioner against the Judgment dated 11.09.2009 passed in Crl.A. No. 52 of 2010 on the file of the Principal Sessions Judge, Namakkal, confirming the Judgment dated 11.09.2009 passed in S.T.C.No.169 of 2008 on the file of the learned Judicial Magistrate, Rasipuram.

(3.) The case of the complainant, a Co-operative Housing Society that the accused in his financial transaction with the complainant, borrowed a sum of Rs.1,00,000/-. To discharge the above said debt, the accused issued a cheque for the said amount dated 09.11.2007. When the said cheque was presented for collection, the same was returned with an endorsement "insufficient funds". Therefore, a statutory notice was issued to the accused on 28.11.2007. Since no payment was made even thereafter, the complainant has filed the present complaint for the offences punishable under Section 138 of the Negotiable Instrument Act and the same was taken cognizance in S.T.C. No. 169 of 2008 on the file of the learned Judicial Magistrate, Rasipuram. Ultimately, after trial, the trial court convicted both the accused for the offences punishable under Section 138 of the Negotiable Instrument Act and sentenced the accused to undergo one year simple imprisonment and to pay a fine of Rs.3,000/- on the accused and in default to undergo Simple imprisonment for a period of six months. Aggrieved by the same, the accused has filed Crl.A. No.52 of 2010 before the learned Principal Sessions Judge, Namakkal and the same was dismissed by confirming the judgment of the trial Court. Aggrieved by the order passed by the First Appellate Court, the petitioner has preferred the present Criminal Revision Case.