THIRAVIYAM Vs. SIVA @ SIVAKUMAR

JUDGEMENT

(1.) The appellant is the complainant in S.T.C.No.396 of 2007. Aggrieved over the judgment dated 10.09.2009, rendered by the learned Additional District and Sessions Judge, F.T.C. No.I, Salem in Crl.A.No.82 of 2008 by reversing the judgment and set aside the conviction and sentence awarded in favour of the respondent/accused, by the learned Judicial Magistrate No.I, Sangagiri in S.T.C.No. 396 of 2007 dated 23.04.2008, the appellant/ complainant filed this criminal appeal.

(2.) The case of the appellant before the trial Court is as follows:- The appellant herein is doing Mines business and on 02.12.2006, the respondent/accused availed loan of Rs.2 lakhs, for which, he issued a cheque for a sum of Rs.2,00,000/- dated 02.01.2007 drawn on Canara Bank, Vaikuntham branch. Subsequently, the appellant presented the same on 02.02.2007 before the Indian bank, Sangagiri Branch for encashment. The said cheque have been returned on 26.02.2007 stating reason that "Insufficient Funds". Thereby on 28.02.2007, he issued statutory notice demanding to pay the cheque amount within a period of 15 days. The said notice was returned as refused. The return notice was received by the appellant on 06.03.2007. Accordingly, the act committed by the respondent constitute for the offence under Section 138 of Negotiable Instruments Act. Hence, the appellant lodged a complaint before the Judicial Magistrate No.1, Sangagiri for initiating the action against the respondent.

(3.) In the trial Court, on the side of the appellant three witnesses were examined and 19 exhibits were marked as P.1 to P.13. The respondent was examined as D.W.1 and Ex.D.1 to Ex.D.3 were marked on his side. After concluding the trial, the learned Judicial Magistrate, Sangagiri came to the conclusion that the respondent/accused is found guilty for the offence punishable under Section 138 of Negotiable Instruments Act and sentenced him to undergo one year Rigorous Imprisonment and pay a fine of Rs.5,000/- i/d undergo three months Simple Imprisonment.