RAVICHANDRAN Vs. PANNEERSELVAM

JUDGEMENT

(1.) The petitioner has preferred the above revision challenging the judgment dtd. 5/1/2026 passed by the learned Additional Sessions Judge, Krishnagiri, Tiruppur, in Crl.A.No.52 of 2024, confirming the judgment of the learned Magistrate convicting the petitioner for the offence under Sec. 138 of the Negotiable Instruments Act, and sentenced him to undergo one year S.I. and to pay compensation of Rs.17,16,000.00, id. to undergo further Simple Imprisonment for one month. The instant petitions have been filed to suspend the sentence imposed on the petitioner and to exempt the petitioner from surrendering before the Trial Court, pending disposal of the above revision.

(2.) It is the case of the respondent that the petitioner had issued a cheque for a sum of Rs.8,58,000.00 towards discharge of liability; that when the said cheque was presented for collection, it was returned for the reason 'Funds insufficient'; that in spite of the statutory notice, the petitioner did not make the payment; and hence liable for the said offence.

(3.) The learned counsel for the petitioner would submit that the petitioner has raised substantial grounds in the above revision; that the petitioner has rebutted the statutory presumption; that the judgment of the Courts below are liable to be set aside; and that, to show his bona fides, the petitioner is willing to deposit 20% of the cheque amount.