MURUGESAN Vs. POONGODI

JUDGEMENT

(1.) This Criminal Revision case is filed against the judgment dated 03.08.2017 in Crl.A.No.25 of 2014 passed by the learned Additional District and Sessions Court, Theni at Periyakulam confirming the judgment passed by the learned Judicial Magistrate (Fast Track Court), Theni at Periyakulam in S.T.C.No.77 of 2013 dated 21.04.2014.

(2.) The Court notice was issued to the respondent and the same was received on 01.02018 by the respondent. However, no representation, since her name is printed in the cause list today.

(3.) The learned counsel for the petitioner would submit that he had money transaction with one Maharajan of V.O.C Street, Samatharmapuram, Theni and he was paying an exorbitant interest of Rs. 1,200/- per month for the loan amount of Rs. 20,000/-. Inspite of paying around Rs. 1,00,000/-, he did not discharge him from the debt and he and his friend Saravanan have threatened and obtained signature in the blank white paper and also in his cheque leaf. Alleging that, he gave a complaint on 21.01.2013 to the Superintendent of Police, Theni District. Pursuant to this complaint, the police has enquired the matter and compromised the dispute between him and Maharajan. Pursuant to the compromise, he has paid Rs. 50,000/-. While so, the respondent herein Poongodi, who is unknown to the revision petitioner, has filed a complainant under Section 138 of Negotiable Instruments Act, making use of the blank cheque obtained from him by Maharajan under threat. As per the said complaint, the respondent has alleged that a sum of Rs. 2,00,000/- was borrowed by the revision petitioner on 09.11.2012 and in order to discharge the said debt, he gave a cheque dated 18.12.2012. When the same was presented for collection, the cheque was returned with an endorsement "insufficient fund". Again the cheque was represented on 15.02.2013 at State Bank of Travancore on 26.02.2013, which was returned for stop payment. After serving the statutory notice, complaint has been filed under Section 138 of the Negotiable Instruments Act. The trial Court after considering the evidence let in by the complainant and the accused and the documents marked on either side, had found the revision petitioner/accused guilty and sentenced him to undergo 6 months simple imprisonment and to pay a fine of Rs. 5,000/-, in default, to undergo one month simple imprisonment. The appellate Court has also confirmed the same, holding that the accused has not rebutted the statutory presumption available to the complainant. Aggrieved by that, the present criminal revision case has been filed.