VARADHAN Vs. VELRAJ

JUDGEMENT

(1.) THE petitioner is the accused in C.C. No. 266 of 2004 on the file of the Judicial Magistrate No. II, Thoothukudi, and the respondent is the Complainant in the case. The respondent filed the said case by way of private complaint alleging that the petitioner has committed an offence punishable under Section 138 of the Negotiable Instruments Act. The trial Court by judgment dated 22.06.2006 found him guilty under Section 138 of the Negotiable Instruments Act and accordingly, convicted him and sentenced him to undergo rigorous imprisonment for 12 months and to pay a fine of Rs. 3,000/ -, in default, to undergo three months simple imprisonment. Challenging the same, the petitioner filed an appeal before the Additional District Judge, Fast Track Court No. II, Thoothukudi in C.A. No. 100 of 2006. The lower appellate Court by judgment dated 13.11.2007 dismissed the appeal confirming the conviction and sentence. As against the same, the petitioner is before this Court with this revision.

(2.) I have heard the learned counsel on either side and also perused the materials available on record.

(3.) THE case of the accused is that he did not borrow any such amount from the complainant at all. So far as the cheque in question, he gave the same as a security to the complainant only as a blank cheque, but signed by him. Now, the complainant has misused the same filled according to his convenience and had presented the same for collection.