R KULANDAIVELU Vs. URAIYUR COTTON COMPANY

JUDGEMENT

(1.) THE revision petitioner stands convicted for an offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo six months simple imprisonment and also to pay a compensation of Rs.7,37,000/- in C.C.No.376 of 2001, by the learned Judicial Magistrate-I, Pollachi. THE said conviction and sentence were confirmed by the Additional Sessions Judge (Fast Track Court No.II), Coimbatore, in C.A.No.352 of 2005. Aggrieved by the said conviction and sentence, this revision has been preferred.

(2.) THE case of the complainant is that P.W.3 is the power agent of Uraiyur Cotton Company and the accused purchased yarn and towards the due, two cheques were given for a sum of Rs.5,04,000/- and Rs.2,33,700/- When the cheques were presented in the bank on 24.11.2000 by the complainant, the cheques were returned for "insufficient fund" and on request, the cheques were again presented on 09.05.2001 and again the cheques were returned for "insufficient fund". A statutory notice was sent to the accused on 23.05.2001, but the accused neither replied to the notice nor made any repayment. THErefore, a complaint was filed against the accused.

(3.) THE learned counsel further submitted that though it has been admitted by the complainant, P.W.3, that twice cheques were presented and twice notices were sent and received by the accused, no case was filed on the basis of the first notice sent to the accused. THE learned counsel for the respondent submitted that though cheque was presented twice, notice was issued to the accused only once, it was only a slipshod answer given by P.W.3 during the cross examination.