C RAJA Vs. R M RAYMONDRAJ AND ORS

JUDGEMENT

(1.) The petitioner is the accused in C.C.No.288 of 1999 on the file of the learned Principal District Munsif cum Judicial Magistrate, Eraniel, Kanyakumari District. The first respondent is the complainant in the case. The first respondent filed the said case alleging that the petitioner has committed the offence punishable under Section 138 of the Negotiable Instruments Act. The trial Court, by judgment dated 31.01.2005, convicted the petitioner under Section 138 of the Negotiable Instruments Act and sentenced him to undergo rigorous imprisonment for two years and to pay a fine of Rs.5,000/-, in default to undergo simple imprisonment for one month. Challenging the same, the petitioner has filed appeal in C.A.No.65 of 2005 before the learned Sessions Judge, Kanyakumari District at Nagercoil. By judgment dated 23.09.2013, the lower appellate Court has dismissed the appeal, thereby confirming the conviction and sentence imposed by the trial Court. As against the same, the petitioner is before this Court with this revision.

(2.) I have heard the learned counsel appearing on either side. I have also perused the records carefully.

(3.) The case of the complainant is that the accused had borrowed a sum of Rs.1,00,000/- from him on 04.09.1998. Again he borrowed yet another sum of Rs.86,000/- on 30.01.1998. In discharge of the said loan, it is alleged that the accused gave the cheque in question for Rs.1,86,000/- on 01.02.1999 drawn on Syndicate Bank, Mulagumoodu Branch, Kanyakumari District.