V VASUDEVAN Vs. V GAJAPATHY

JUDGEMENT

(1.) This Criminal Revision Case is directed against the judgment passed by the learned Judicial Magistrate, Dharapuram, dated 07.12.2010 in C.C.No.219 of 2008 and the same was modified by judgment dated 18.02.2016 in C.A.No.64 of 2011 by the learned Additional District Judge, Additional District Court No.3, Dharapuram.

(2.) The brief facts of the case are as follows:-

(3.) The learned counsel for the petitioner would mainly contend that both the Courts below had failed to note that absolutely there is no evidence on record to prove the transaction between the parties. Further, both the Courts below had failed to note the fact that the respondent/complainant has failed to prove his case that he lent a sum of Rs.2,00,000/- to the petitioner/accused. The complaint is very vague and bereft of particulars. The notice issued by the complainant also was not properly served on the petitioner/accused. The Courts below have erred in convicting and sentencing the petitioner/accused. Hence, the judgments passed by the trial Court and the Appellate Court have to be set aside.