B. GOPAL Vs. C. RAVICHANDRAN

JUDGEMENT

(1.) MATERIAL on record discloses that the petitioner has been convicted and sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.5,000/ -, in default to undergo simple imprisonment for three month, in C.C. No. 21 of 2010 on the file of the learned Judicial Magistrate No. II, Krishnagiri, for an offence under Section 138 of the Negotiable Instruments Act. On appeal in C.A. No. 33 of 2013, the learned Principal Sessions Judge, Krishnagiri, has confirmed the same, vide Judgment dated 19.08.2014. Being aggrieved by the above, the present revision is filed.

(2.) THE case of the complainant is that the petitioner/accused is known to him for the past five years. On 02.06.2009, the petitioner/accused borrowed a sum of Rs.1,00,000/ - from the complainant. He issued a post -dated cheque, bearing No. 513326, dated 01.07.2009, drawn on ICICI Bank, Krishnagiri, in favour of the complainant, towards discharge of liability. Cheque was presented for collection in Indian Overseas Bank, Krishnagiri Branch, on 28.10.2009 and the same was returned with an endorsement insufficient funds in the account?. Statutory notice was given to the petitioner on 05.11.2009 and it was received by the petitioner/accused on 07.11.2009. The accused has sent a reply notice with false averments. The accused did not repay the amount. Hence, the complaint filed by the respondent, has been taken on file in CC No. 21 of 2010, on the file of the learned Judicial Magistrate No. II, Krishnagiri.

(3.) AFTER considering the case of the parties and appreciating the oral and documentary evidence, the learned Judicial Magistrate No. II, Krishnagiri, found the petitioner as guilty of the offence under Section 138 of the Negotiable Instruments Act and imposed a sentence, to undergo simple imprisonment for one year and to pay a fine of Rs.5,000/ - in default to undergo simple imprisonment for three months. As stated supra, the appellate Court confirmed the sentence.