M NITHYANANDAM Vs. V P SENTHILKUMARAN

JUDGEMENT

(1.) (Prayer: This Criminal Revision has been preferred under Section 397 and 401 of Cr.P.C., against the judgment dated 19.8.2004 in C.A.No.83 of 2003 passed by the I Additional Sessions Judge, Salem, confirming the judgment in C.C.No.509 of 2001 on the file of the Judicial Magistrate No.III, Salem, dated 06.05.2003.) This Revision has been preferred against the judgment in C.A.No.83 of 2003 on the file of the I Additional Sessions Judge, Salem. The accused in C.C.No.509 of 2001 on the file of the Judicial Magistrate No.III, Salem, is the revision petitioner herein. The accused has been convicted and sentenced to undergo 6 months RI and was directed to pay a compensation of Rs.2,50,000/- with default sentence under Section 138 of the Negotiable Instrument Act. The appeal preferred by the accused in C.A.No.83 of 2003 also ended against him. Hence, this revision.

(2.) THE short facts in the complaint relevant for the purpose of deciding this appeal are that on 2.1.2001 the accused had borrowed Rs.2,50,000/- from the complainant and had drawn a cheque for Rs.2,50,000/- on 2.7.2001 in favour of the complainant and when the cheque was presented in Canara Bank for encashment, the same was returned with an endorsement that there is no sufficient funds in the account of the drawer on 4.7.2001. Hence, the complaint.

(3.) P.W.2 is the Deputy Manager of the District Central Co-operative Bank Ltd., Vazhapadi. He would depose that Ex.P.1-cheque was forwarded by Canara Bank, Salem on 2.7.2001 for realization and since there was only a meagre balance of Rs.2,062/- in the account of the drawer the said cheque was returned to the payee of the cheque with an endorsement that there is no sufficient funds in the drawer's account.