M/S. PRIYA PLAST AND ANOTHER Vs. SOUNDARAPANDIAN

JUDGEMENT

(1.) THE revision petitioners have challenged the judgment passed in Criminal Appeal No.68 of 2004 by The Additional District and Sessions Court -cum -Fast Track Court NO.I, Madurai, upholding the conviction and sentence passed in Calendar Case No.58 of 1997 by The Judicial Magistrate No.5, Madurai.

(2.) THE respondent herein as complainant has filed a private complaint under Sections 138 and 142 of the Negotiable Instruments Act on the file of the Judicial Magistrate Court No.V, Madurai, wherein the present revision petitioners have been arrayed as first and second accused. In the complaint, it has been stated that the second accused is the partner of the first accused and he approached the complainant for getting financial assistance and on 15/9/1996, the second accused has borrowed a sum of Rs.1 lakh from the complainant for the benefit of his business and also for the benefit of the first accused. On the same day, the second accused has issued 20 cheques each for a sum of Rs.5,000/ - and requested the complainant to present all the cheques on 17/12/1996. The complainant has presented all the cheques in Canara Bank, Gnanavolipuram Branch, Madurai on 17/12/1996. But all the cheques have been returned with an endorsement to the effect that "account closed". The complainant has sent a registered notice dated 27/12/1996 and even after receipt of the same, the accused have failed to discharge their liability. Therefore, the accused have committed offence under Section 138 of the Negotiable Instruments Act.

(3.) ON the basis of the accusation made against the accused, the Judicial Magistrate No.V, Madurai has questioned the accused with regard to the offence alleged to have been committed by them and the accused have denied the offence. On the side of the complainant, P.Ws.1 to 3 have been examined and Exs.P.1 to P.6 have been marked.