SELVARAJ Vs. N JEYARAMAN

JUDGEMENT

(1.) THIS Criminal Revision Case has been filed by the complainant against the order of the learned Judicial Magistrate-I, Cuddalore for enhancement of sentence and for compensation.

(2.) THE brief facts of the case are as follows:- (a) THE accused borrowed Rs. 75,000/= from the complainant and issued two cheques Exs. P. 1 and P. 4, dated 27. 11. 1998 and 21. 5. 1999 for rs. 25,000/= and Rs. 50,000/= respectively. When the cheques were presented, both the cheqeus bounced and returned with a memo for insufficient funds. THE return memos are marked as Exs. P. 2 and P. 3. THErefore on 7. 6. 1999, the complainant caused lawyer's notice on the accused which are marked as Exs. P. 5 and P. 6. THE acknowledgment card containing the signature of the accused are Exs. P. 7 and p. 8. (b) In the reply notice, the accused though contended that he did not receive any money from the complainant, but he admitted that he borrowed a sum of Rs. 4,000/= from one Thandapani to met the marriage expenses of his daughter and at that time he has signed two promissory notes and two blank cheques which were handed over to Thandapani and one of those cheque has been used by the complainant at the instance of Thandapani. Even in the reply notice the accused has not stated that the amount has been paid to Thandapani.

(3.) TIME and again the Hon'ble Supreme Court has held that no drawer of the cheque can be allowed to take dishonour of the cheque issued by him light-heartedly. According to the Hon'ble Supreme Court, even the attachment of the property of the accused by the complainant in a civil suit cannot be a ground for lessening the gravity of the offence or for imposing a minor sentence by the trial court. Inspite of notice and during the pendency of the trial, the accused has not chosen to deposit the amount. By imposing the sentence of imprisonment alone, the complainant cannot recover the money from the accused. Therefore, the accused is directed to pay a compensation of rs. 75,000/= (Rupees Seventy five thousand only) to the complainant within four weeks from the date of receipt of a copy of this order. .