K.P. MUTHUKUMAR Vs. G. PREMA

JUDGEMENT

(1.) This Criminal Revision Case arises against two concurrent findings of conviction for offence under section 138 of Negotiable Instruments Act, vide judgment dated 15.11.2017 passed in C.A.No.246/2017 on the file of Principal Sessions Court, Erode, confirming the judgment dated 23.8.2017 passed in S.T.C.No.213/2016 on the file of the Judicial Magistrate, Fast Track Court No.1, Erode.

(2.) Petitioner/complainant moved a prosecution informing that on 20.04.2016 respondent/Accused borrowed a sum of Rs. 4,00,000/- and on the same day respondent/accused issued a post dated cheque dated 20.06.2016 drawn on Axis Bank Ltd., Rasipuram Branch, towards repayment of borrowing, which upon presentation, returned unpaid for the reason 'account closed'. Petitioner/complainant, following the procedures envisaged under section 138 of the Negotiable Instruments Act, preferred a complaint. The complaint was taken on file in S.T.C.No.306 of 2016 on the file of learned Chief Judicial Magistrate, Erode. Upon committal, the case was transferred to the learned Judicial Magistrate, Fast Track Court-I, Erode, in S.T.C.No.213 of 2016.

(3.) Before trial Court, petitioner/complainant examined himself as PW-1 and marked 4 exhibits. None were examined on the side of defence nor any exhibits were marked. On appreciation of materials before it, trial Court, under judgment dated 23.08.2017, rendered a finding of acquittal. There against, petitioner/Complainant preferred Crl.A.No.246 of 2017 on the file of learned Principal Sessions Judge, Erode, which came to be dismissed under judgment dated 15.11.2017. Hence, this revision.