M SIVAKUMAR Vs. S RAVI

JUDGEMENT

(1.) This appeal has been preferred against the judgement in Crl.A.No.26 of 2009 dated 31.03.2010, on the file of the learned Sessions Judge of the Nilgiri District at Uthagamandalam, reversing the conviction and sentence imposed on the respondent/accused, by the judgement dated 07.12.2009 made in S.T.C.No.101 of 2006 on the file of the learned Judicial Magistrate, Kothagiri, Nilgiri District, thereby convicting the respondent for the offence under Section 138 of Negotiable Instruments Act and sentenced him to undergo simple imprisonment for one year and pay fine of Rs.3,000/- in default, simple imprisonment for six months.

(2.) The facts of the private complaint preferred under Section 200 of Cr.P.C. for the offence punishable under Section 138 of Negotiable Instruments Act are as follows :-

(3.) The complainant examined as P.W.1 and the cheque in dispute was marked as Ex.P.1; the return memo marked as Ex.P.2; the advise memo marked as Ex.P.3; the statutory notice was marked as Ex.P.4; the acknowledgement of the notice was marked as Ex.P.5; postal receipt of the said notice was marked as Ex.P.6; and the reply notice issued by the accused was marked as Ex.P.7.