T N UDHAYA KUMAR Vs. S SELVARAJ

JUDGEMENT

(1.) BY the judgment dated 30.06.2007 in S.T.C.No.326 of 2006 passed by the trial court, the petitioner was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to undergo rigorous imprisonment for a period of one year and also ordered to pay the cheque amount of Rs.75,000/ -. Aggrieved by the same, the petitioner filed Crl.A.No.246 of 2007 and the same was dismissed by the learned Additional District and Sessions Judge, Fast Track Court No.IV, Coimbatore on 03.01.2008, against which the present Criminal Revision Case is filed.

(2.) ACCORDING to the complainant/respondent herein, the petitioner/ accused borrowed a sum of Rs.75,000/ - and issued a cheque towards repayment of the same; but on presentation of the cheque, it was dishonoured on the same day. The complainant/respondent therefore issued a statutory notice dated 26.09.2005 calling upon the petitioner/accused to repay the cheque amount, but there was no response. Hence, the complaint under Section 138 of the Negotiable Instruments Act was filed.

(3.) THE learned counsel for the petitioner/accused mainly contended that the trial court has not considered the fact that the initial presumption is over, the moment the petitioner says that the wife of the petitioner -DW2 had a transaction with DW5 building contractor. There was an agreement entered into between the wife and the building contractor and towards the payment due, he has issued the cheques. It is his further case that even though the amount due has been paid to the building contractor, the cheques issued for repayment of the liability were not returned and the same was utilized by the respondent/complainant and the case has been filed. However, the Courts below did not consider this vital factor. Accordingly, he would pray for setting aside the judgments of both the Courts below.