M/S. MALLIAH TEA FACTORY (P) LTD., BENGALMATTAN POST, THE NILGIRIS, REP. BY ITS MANGING DIRECTOR, M.B. RAJENDRAN Vs. S. JAWAHAR

JUDGEMENT

(1.) The criminal revision petition is directed against the judgment passed by the learned District and Sessions Judge, Nilgiris at Udhagamandalam in CA. No.2 of 2012 dated 08.09.2015 confirming the order of the learned Fast Track Magistrate, Coonoor made in CC. No.11 of 2011 dated 10.02.2012.

(2.) The brief facts leading to the present revision is as follows:-

(3.) The learned counsel for the petitioners contended that the trial Court and the lower appellate Court without appreciating the evidence erroneously passed the judgments which are liable to be set aside, the Courts below failed to see that the cheque was not issued for the discharge of any legally enforceable debt or liability to the respondent herein, which was issued for security purpose to one Mr. Padmanaban, there is no existence of transaction between the complainant and the revision petitioners. There is no evidence to show that the petitioners have borrowed or liable to pay the amount to the complainant and the cheque in question was not issued to the complainant and hence the ingredients under section 138 of Negotiable Instruments Act was not proved on the side of the complainant. The Courts below convicted the accused and the judgments of the Court below has to be set aside and the learned counsel prays the revision may be allowed and set aside the conviction and sentence passed by the Fast Track Magistrate, Coonoor which was confirmed by the District and Sessions Judge, The Nilgiris at Uthagamandalam.