(1.) Criminal revision case is filed against the judgment made in Criminal Appeal No. 13 of 2012, dated 08.10.2013, on the file of the Principal Sessions Judge, Krishnagiri, confirming the judgment, made in S.T.C. No. 10 of 2011, dated 05.01.2012, on the file of the learned Judicial Magistrate, Fast Track Court, Hosur, by which, the petitioner has been found guilty, for the offence, under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for a period of six months and to pay compensation of Rs. 6,00,000/- to the complainant, in default of payment, undergo simple imprisonment for another period of one month. It is the case of the complainant that the petitioner/accused has borrowed a sum of Rs. 3,50,000/- in the year 2007 and thereafter, on 12.09.2009, borrowed a further sum of Rs. 5,00,000/-. The petitioner/accused promised him to repay the same, in the month of January, 2009. After demand, on 20.12.2009, the petitioner/accused has issued a cheque bearing No. 267388, dated 20.12.2009, for a sum of Rs. 5,00,000/-. Cheque was presented in State Bank of India, Hosur, on 13.01.2010, for encashment. The said cheque was returned on 15.01.2010, for the reason, "Account Closed". Therefore, the complainant has issued a notice to the petitioner/accused on 10.02.2010. Statutory notice was received by the petitioner/accused on 22.02.2010. But the petitioner/accused has not chosen to pay the amount. Therefore, a complaint, under Section 138 of the Negotiable Instruments Act, was filed and the same was taken on file in S.T.C. No. 10 of 2011.
(2.) Complaint has been taken on file in S.T.C. No. 10 of 2011. The complainant has examined three witnesses. He has marked Ex. P1 - Original Cheque bearing No. 267388, dated 20.12.2009, Ex. P2 - SBI Bank Return Memo, dated 15.01.2010, Ex. P3 - Legal Notice, dated 10.02.2010, Ex. P4 - Acknowledgement Card, Ex. P5 - Pay in Challan, dated 05.11.2007, Ex. P6 - Pay-in-Slip (ICICI Bank), dated 10.11.2007, Ex. P7 - Pay-in-Slip (ICICI Bank), dated 12.11.2007, Ex. P8 - Pay-in-Challan (ICICI Bank), dated 16.11.2007, Ex. P9 - Pay-in-Slip (ICICI Bank), dated 15.11.2007, Ex. P10 - Pay-in-Challan (ICICI Bank), dated 17.11.2007, Ex. P11 - Pay-in-Challan (ICICI Bank), dated 16.11.2007, Ex. P12 - Pay-in-Challan (ICICI Bank), dated 17.11.2007, Ex. P13 - Account Statement, dated 30.06.2011 and Ex. P14 -Account Statement, dated 30.06.2011. The petitioner/accused examined has himself as DW.1. No document has been marked.
(3.) After considering the averments, oral and documentary evidence, by judgment, dated 05.01.2012, the learned Judicial Magistrate, Fast Track Court, Hosur, has convicted under Section 138 of the Negotiable Instruments Act, 1881 and sentenced under Section 225(ii) Cr.P.C, to undergo simple imprisonment for a period of six months and to pay compensation of Rs. 6,00,000/- to the complainant, in default of payment, undergo simple imprisonment for another period of one month. As stated supra, the said judgment has been confirmed on appeal.