K. PRAKASH Vs. R. NAGARAJAN

JUDGEMENT

(1.) The case of the respondent/complainant is that the petitioner/accused availed hand-loan of Rs.50,000.00 to meet out his personal expenses. To discharge the debt, the petitioner issued a post-dated cheque dated 25.10.2007. When the respondent presented the cheque for collection, it returned unpaid with an endorsement "insufficient funds". The respondent issued a statutory notice. Since, the petitioner has not come forward to pay the amount, a complaint was preferred. The petitioner stood charged for the offence punishable under Section 138 of Negotiable Instrument Act and after trial in S.T.C.No.51 of 2008, by judgment dated 09.05.2011, the petitioner was convicted by the learned Judicial Magistrate No. II, Hosur, for the offence under Section 138 of Negotiable Instruments Act and sentenced him to undergo three months simple imprisonment and to pay a fine of Rs.5,000.00, in default, to undergo simple imprisonment for a period of one month. The conviction and sentence imposed on the petitioner was also affirmed by the learned Additional District and Sessions Judge, Krishnagiri, on 30.01.2015 in Crl.A. No. 40 of 2011. Aggrieved against the same, the petitioner has come forward with the present Criminal Revision Case.

(2.) Mr. A. Balamurugan, learned counsel for the petitioner submits that he is not arguing the case on merits but confined his argument only on sentence. According to the counsel for the petitioner, he is now prepared to pay the entire cheque amount, he only wants time.

(3.) Mr.V.Nicholas, learned counsel for the respondent states that the cheque is dated 2007 and it is more than 8 years now, therefore at least some compensation other than the cheque amount has to be granted.