D. RAJAN Vs. S. VASANTHAKUMAR

JUDGEMENT

(1.) This Criminal Revision Petition has been filed against the Judgment, dtd. 27/9/2024 passed in Crl.A. No.128 of 2018 by the II Additional District Judge, Salem, confirming the Judgment, dtd. 4/8/2018 passed in S.T.C. No.944 of 2009 by the Judicial Magistrate No.2, Salem.

(2.) The case of the Respondent-Complainant is that the Petitioner-Accused had borrowed a sum of Rs.5,00,000.00 from the Complainant as a Loan for his Business purpose and agreed to repay the same within three months. Since the Petitioner-Accused failed to repay the said amount within the stipulated time and in order to discharge the said liability, the Petitioner had issued Post-dated Cheque, dtd. 23/10/2008 bearing No.072139 drawn on UTI Bank Limited, in favour of the Respondent-Complainant. Subsequently, when the Cheque was presented for collection, the same was returned with endorsement "Funds Insufficient" on 24/10/2008. Therefore, the Respondent-Complainant issued a Legal Notice, dtd. 30/10/2008 to the Petitioner-Accused, but the Petitioner Accused neither sent any reply, nor made any payment to the Complainant. Hence, the Complainant filed the Complaint against the Petitioner-Accused under Sec. 138 of the Negotiable Instruments Act, 1881 (herein after referred to as 'N.I. Act') before the learned Judicial Magistrate No.II, Salem and the same was taken on file in S.T.C. No.944 of 2009. Subsequently, the learned Magistrate questioned the Accused for the charged offences, which was denied by the Accused and he pleaded not guilty and to be tried. During trial, the Complainant examined himself as PW1 and also marked Ex.P1 to Ex.P5. However, no Oral or Documentary evidence is adduced on the side of the Petitioner-Accused.

(3.) The Trial Court, after due enquiry, found the Accused guilty of the offence under Sec. 138 of the N.I. Act, and vide Order, dtd. 4/8/2018, convicted and sentenced the Accused to undergo Simple Imprisonment for a period of six months and also directed to pay the Cheque amount of Rs.5,00,000.00 to the Complainant as Compensation, within a period of two months from the date of the Judgment. Aggrieved by the said Judgment of Conviction and Sentence, the Petitioner-Accused preferred an Appeal in Crl.A. No.128 of 2018 before the II Additional District Judge, Salem. The Appellate Court, vide Order, dtd. 27/9/2024, dismissed the Appeal and confirmed the Judgment passed the Trial Court. Assailing the said Judgment, the present Revision Petition is filed by the Petitioner-Accused.