GOVINDARAJ Vs. GANESH BALAJI ENTERPRISES

JUDGEMENT

(1.) This Criminal Revision Petition is directed against the order made in Crl.A.No.59/2010 dated 29.12.2010, passed by the learned Additional District Judge [Fast Track Court], Vellore confirming the order of conviction and sentence passed by the learned Judicial Magistrate No.II, Vellore, wherein the petitioner was convicted for an offence under Section 138 of the Negotiable Instruments Act and was sentenced to undergo Simple Imprisonment for 3 months and fine of Rs.1000/- and in default to undergo 1 month Simple Imprisonment.

(2.) The respondent filed a complaint against the petitioner on the ground that the petitioner borrowed a sum of Rs.2,00,000/- [Rupees Two Lakhs only] as loan on 06.12.2001 and towards the said loan, the petitioner issued two cheques each for a sum of Rs.1,00,000/- [Rupees One lakh Only] dated 22.02.2002, and these two cheques were presented for collection on 25.02.2002, and the same was returned unpaid due to insufficient funds. The Statutory Notice was issued by the respondent on 08.03.2002 calling upon the petitioner to pay the cheque amount. On receipt of the notice, the petitioner had given a reply notice dated 09.04.2002 denying the liability.

(3.) The respondent proceeded to file a Criminal Complaint against the petitioner for an alleged offence under Section 138 of the Negotiable Instruments Act. The trial Court on appreciation of the evidence placed before the Court found the petitioner guilty for the said offence and imposed a sentence mentioned supra. The petitioner aggrieved by the said order, filed an appeal in Crl.A.No.59/2010 before the Additional District Judge [FTC], Vellore, and the Appellate Court on appreciation of the materials, concurred with the order of the trial Court and confirmed the order of conviction and sentence passed against the petitioner. Aggrieved by the same, the present Criminal Revision has been filed.