K P CHINNASAMY Vs. T B KENNEDY

JUDGEMENT

(1.) THE Criminal Revision is directed against the Judgment and Order, dated 05.03.2004, made in C.A.No.254/2002 on the file of the Additional District and Sessions Judge/Fast Track Court No.3, Namakkal, reversing the Judgment of conviction and sentence, dated 29.11.2002, passed in C.C.No.1/2000 on the file of the District Munsif-cum-Judicial Magistrate, Paramathi.

(2.) THE revision petitioner herein is the complainant, who lodged the complaint against the respondent/accused, under Section 138 of Negotiable Instruments Act. According to the revision petitioner, the respondent had borrowed a sum of Rs.3,25,000/- from the petitioner on 01.02.1999 and executed a promissory note in favour of the petitioner. On 20.07.1999, towards the discharge of the said loan, the respondent issued a cheque for a sum of Rs.3,25,000/- and got back the promissory note. When the same was presented for payment before the Salem Central Co-operative Bank, Vellore Branch on 23.07.1999, it was returned as insufficient funds on 02.08.1999. THE said dishonoured cheque was marked as Ex.P.1 before the trial court along with the receipt issued by the aforesaid bank for the dishonour of the cheque, which is marked as Ex.P.2 and the memo, dated 27.07.1999 issued by the Indian Overseas Bank, Tiruchengode Branch stating insufficient funds was marked as Ex.P.

(3.) THE decisions referred above is not applicable, since the criminal revision has been preferred before the High Court and not before the sessions court.