T VISU Vs. K SRINIVASAN

JUDGEMENT

(1.) THE revision petitioner who is the accused in C.C.No.538 of 2003, on the file of the Judicial Magistrate, Udhagamandalam, stands convicted for the offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for three months with a compensation of Rs.50,000/- in default to undergo simple imprisonment for one month and in the appeal preferred before the Sessions Judge, Nilgiris at Oothagamandalam in C.A.No.40 of 2005, the conviction was confirmed and the sentence of imprisonment was reduced to two months simple imprisonment. Aggireived by the said conviction and sentence, the petitioner has preferred this revision.

(2.) THE case of the complainant is that the accused borrowed a sum of Rs.1,50,000/- from the complainant during the month of April 2003 and he gave a post dated cheque dated 21.07.2003 for a sum of Rs.1,50,000/-. As the complainant presented the cheque in the bank, it was returned for insufficient fund and therefore the complainant sent a legal notice and though the accused received the notice has neither replied nor made any payment.

(3.) THE learned counsel for the respondent submitted that the accused had not rebutted the presumption with sufficient materials and the evidence of D.W.1 cannot be accepted, since the accused was holding a bank account and he was transacting in the account.