S.SASIKUMAR Vs. K.CHELLADURAI

JUDGEMENT

(1.) The above six revision cases are preferred by one Sasikumar aggrieved by the conviction and sentence imposed by the learned Judicial Magistrate (Fast Track Court) No.1, Nagercoil, in six different calendar cases and the same being confirmed by the learned Sessions Judge, Kanyakumari District at Nagercoil in six appeals preferred by him.

(2.) The respondent Chelladurai is common in all the revision cases and he is the complainant in the calendar cases. Since parties are common and the facts are also almost common in all the revision cases, common Judgment is passed. The parties are described as per their description and ranking as found in the respective cases.

(3.) Chelladurai (complainant) served in Indian Army as Junior Commission Officer and got retired on 01.04.2011. The accused is a politician and a businessman in Chidambaram, Cuddalore District. The complainant and the accused are known to each other for several years. Knowing that the complainant had received his retirement benefits and having cash in his hands, the accused sought for loan and received a sum of Rs. 32,00,000/- in instalments between 06.04.2011 and 29.06.2011. The accused also executed a promissory note acknowledging the receipt of the money and promised to repay the amount on demand with interest at the rate of 12% per annum. Money was paid in the presence of one Sivaraman, a common friend of complainant and the accused. To discharge the debt of Rs. 32,00,000/- towards principal and Rs. 1,50,000/- towards interest, the accused gave six cheques for a total sum of Rs. 33,50,000/- bearing different dates enable him to honour the same. But, on presentation of those cheques for collection, they were all returned for insufficiency of funds in the account of the accused. The statutory notice for payment of cheque amount was issued to the accused. Though, the accused received the notice, he did not come forward either to pay the amount or to reply within the statutory period of fifteen days. Hence, the complainant has filed the following six complaints against the accused: