R. VIVEKANANDAN Vs. VIJAYALAKSHMI

JUDGEMENT

(1.) THIS Criminal Revision arises against concurrent judgments of Courts below convicting petitioner of offence u/s. 138 of the Negotiable Instruments Act and sentencing him to undergo 3 months S.I. and directing payment of compensation in a sum of Rs. 4,00,000/ - i/d 2 months S.I. Respondent/complainant preferred a complaint informing that petitioner is the founder of "Krishna Educational Trust" and he had borrowed a sum of Rs. 4,00,000/ - towards developing the college viz., "Sri Krishna Engineering College". Towards repayment of the same, petitioner issued a cheque bearing No. 386400 dated 20.06.2002 drawn on Indian Overseas Bank, Kilpauk, Chennai. Respondent presented the cheque for payment in State Bank of India, Panruti, on 29.06.2002 but the same were returned unpaid owing to "insufficient funds" on 13.07.2002. Once again, the cheque was presented for payment on 27.08.2002 and was returned for the same reason on 09.09.2002. Respondent/complainant caused statutory notice on 12.09.2002 and petitioner/accused having received the same on 14.09.2002, failed to effect repayment. Hence, in keeping with the provisions of Section 138 of the Negotiable Instruments Act, respondent/complainant preferred complaint.

(2.) BEFORE trial Court, two witnesses were examined on the side of respondent and seven exhibits were marked. None were examined on behalf of the defence nor were any exhibits marked.

(3.) HEARD learned counsel for petitioner and learned counsel for respondent.