A. RAJAN Vs. V. PAVUN

JUDGEMENT

(1.) THE revision petitioner has challenged the judgment dated 1/6/2005 passed in Criminal Appeal No.91 of 2004 by The Additional Sessions Court -cum -Fast Track Court No.III, Madurai, upholding the conviction and sentence passed in Calendar Case No.369 of 2002 by The District Munsif -cum -Judicial Magistrate Court, Bodinaickanur.

(2.) THE respondent herein as complainant has filed a private complaint under Section 200 of the Code of Criminal Procedure on the file of the District Munsif -cum -Judicial Magistrate Court, Bodinaickanur, wherein the present revision petitioner has been arrayed as accused. It is stated in the complaint that on 10/9/2002, the accused has received a sum of Rs.1,50,000/ - from the complainant. On 10/10/2002, the accused has given a withdrawal slip and directed the complainant to get money from his account. On the same day, the complainant has put the withdrawal slip in the concerned Bank. The concerned Bank has returned the same stating "insufficient funds in the account of the accused." On 16/10/2002, the complainant has given a legal notice to the accused and the same has also been returned with an endorsement stating "intimation given not claimed". The accused has committed offences under Sections 138 of the Negotiable Instruments Act and also under Section 420 of the Indian Penal Code.

(3.) ON the basis of the accusation made against the accused, the District Munsif -cum -Judicial Magistrate Court, Bodinaickanur has questioned the accused with regard to offence alleged to have been committed by him under Section 138 of the Negotiable Instruments Act and also framed a charge under Section 420 of the Indian Penal Code and the same has been read over and explained to him. The accused had denied the charge framed under Section 420 of the Indian Penal Code and claimed to be tried. On the side of the complainant, P.Ws.1 to 3 have been examined and Exs.P.1 to P.4 have been marked.