E BALASUBRAMANIAM Vs. K S BALAKRISHNAN

JUDGEMENT

(1.) This criminal revision has been filed against conviction imposed in judgment dated 23.11.2012 made in C.A.No.138 of 2012 by the learned I Additional Sessions Court, Erode, confirming the conviction imposed in the judgment dated 12.07.2012 mad in S.T.C.No.4530 of 2009 by the District Munsif-cum-Judicial Magistrate, Perundurai.

(2.) The case of the respondent/complainant is that the appellant/accused borrowed a sum of Rs. 2,00,000/- and issued a cheque on 15.05.2009 to discharge the said liability. The respondent/complainant presented the said cheque on 15.06.2009 for collection, which was returned on 17.06.2009 as insufficient funds . Subsequently, the respondent/complainant issued legal notice dated 206.2009 demanding money. Even though the appellant/accused acknowledged the notice, did not send any reply for the same. Hence the respondent/complainant has filed a private complaint before the learned District Munsif-cum-Judicial Magistrate, Perungudi, and the same was taken on file in S.T.C.No.4530 of 2009.

(3.) The learned Magistrate, after trial, since the appellant/accused found guilty under Section 138 of Negotiable Instruments Act, had convicted the appellant and sentenced him to undergo rigorous imprisonment for a period of six months and fine of Rs. 10,000/-, in default, further simple imprisonment for a period of three months. Aggrieved against which, the accused had filed an appeal in C.A.No.138 of 2012 before the learned I Additional Sessions Judge, Erode. The lower appellate Court, being a fact finding Court re-appreciated entire evidence, and after giving due opportunities to both the parties, dismissed the appeal by judgment dated 211.2012 and confirmed the conviction and sentence passed by the trial Court.