K SENTHILMURUGAN Vs. P SATISHKUMAR

JUDGEMENT

(1.) This Criminal Revision Case was filed against the judgement made in C.A.No.34 of 2015 on the file of the Principle Sessions Court, Namakkal, dated 16.12.2016 confirming the judgement and conviction made in S.T.C.No.93 of 2014 on the file of the learned Judicial Magistrate Court/Fast Track Court, Tiruchengode, dated 04.07.2015.

(2.) The facts of the case are as follows:

(3.) It is the further case of the complainant that, on the request of the accused, the complainant presented the said cheque for collection at his bank, namely, Axis Bank, Tiruchengode Branch on 10.04.2014. However, the said cheque was returned with an endorsement, "stop payment instructions was given", by the accused. Such return memo dated 12.04.2014, was issued to the complainant and on receipt of the same, the complainant issued statutory notice under Section 138(b) of the Negotiable Instruments Act [hereinafter referred to as, "the Act"] on 26.04.2014. On receipt of the said notice on 28.04.2014 by the accused, he had given a reply to the said notice on 07.05.2014 to the complainant. Therefore, the complainant on 23.05.2014 filed complaint before the Trial Court for the alleged offence punishable under Section 138 of the Act. The said complaint was taken on file and was tried by the learned Magistrate in S.T.C.No.93 of 2014, ultimately, by judgement and conviction dated 04.07.2015, the Trial Court found the accused guilty of the offence punishable under Section 138 of the Act and accordingly, convicted him to undergo six months simple imprisonment with fine of Rs.5,000/-.