V GUNASEKARAN Vs. B CHAKRAVARTHI

JUDGEMENT

(1.) This Criminal Revision Case is directed against the judgment dated 31.10.2017 passed by the learned Additional Sessions Judge, Magalir Neethimandram, (Fast Track Mahila Court), Erode, in Criminal Appeal in No.163 of 2017, allowing the appeal filed by the respondent herein/accused and remitting the matter back to the learned Judicial Magistrate, Fast Track Court No.I, Erode, with further direction contained therein.

(2.) The facts of the case is that the revision petitioner herein/complainant had preferred a private complaint stating that the respondent herein/accused had borrowed loan for a sum of Rs. 5,50,000/- on 07.05.2012 from the complainant and to discharge the said liability, the accused had given three cheques under Ex.P.1 viz., cheque dated 06.06.2012 for Rs. 2,00,000/-, cheque dated 06.06.2012 for Rs. 2,00,000/- and another cheque dated 06.06.2012 for Rs. 1,50,000/-, totally for Rs. 5,50,000/- and when the complainant had presented the above said three cheques for encashment on 20.06.2012 and 21.06.2012, the same were returned as "Funds Insufficient" on 21.06.2012 vide Ex.P.2 (S.1 to S.3) return memo. Even though the complainant had issued Ex.P.3-statutory notice to the accused on 20.07.2012, the notice sent to the office address of the accused was received by him on 21.07.2012 and the accused has refused to receive the notice which was sent to his house address. The said returned postal cover is Ex.P.6. Thereafter, the accused did not pay the cheque amount and not send any reply notice. Therefore, the complainant has preferred a complaint against the respondent herein/accused under Section 138 of the Negotiable Instruments Act.

(3.) The learned Judicial Magistrate No.II, Erode, has taken cognizance of the offence in S.T.C.No.3719 of 2012 after following the procedure. Since the respondent/accused pleaded not guilty, the trial Court examined P.W.1 and marked Exs.P.1 to P.6 on the side of the complainant and on the side of the accused, there was no oral or document evidence. The trial Court, after considering the oral and documentary evidence of the revision petitioner/complainant, convicted the respondent herein/accused for the offence under Section 138 of the Negotiable Instruments Act and sentenced him to undergo simple imprisonment for six months and also ordered to pay a sum of Rs. 5,50,000/- towards compensation to the complainant by the accused, in default, to undergo simple imprisonment for one month.