M. NAGARAJAN Vs. T. DURAIPANDIAN

JUDGEMENT

(1.) The complainant in S.T.C. No. 6163 of 2008 on the file of the Judicial Magistrate, Bhavani is the appellant herein. It is the complaint under section 138 of the Negotiable Instruments Act. The complainant alleged that the respondent has borrowed Rs. 1,50,000/- from him and for the discharge of the said debt, the respondent issued the cheque in question which was dis-honored by the Bank. After serving notice to the respondent, calling upon him to make payment, he has lodged the complaint. Before Trial Court, the complainant examined himself as PW1 and marked 4 documents. The respondent examined his Bank Manager as Rw1, on his behalf and marked his specimen signatures contained in the Bank records as Ex.R1.

(2.) The case of the respondent is that he has not borrowed any money from the complainant and the cheque was not issued for discharge of any liability. According to him, the office of the Finance Company, run by his sons was ransacked by one Abirami and Ilamaran, that they have taken away articles and cheques from the company, that subsequently they have obtained signatures of the respondent in three of the cheques under threat, and one of the cheques was misused and the present complaint has been filed by using the complainant.

(3.) The trial court disbelieved the version of the accused. It has accepted the case of the complainant and convicted the accused for the offence under section 138 of Negotiable Instruments Act and sentenced him for 1 year simple imprisonment and awarded a compensation of Rs. 1,50,000/-.