V DEVENDRAN Vs. P NAGARAJ

JUDGEMENT

(1.) This criminal revision petition is filed under Sections 397 and 401 of Cr.P.C. against the judgment passed in C.A.No.53 of 2016, dated 26.10.2016 passed by the I Additional District and Sessions Judge, Coimbatore, confirming the order passed by the learned Judicial Magistrate, Fast Track Court, at Magisterial Level II, Coimbatore in C.C.No.135 of 2015, dated 22.3.2016, convicting the petitioner under Section 138 of the Negotiable Instruments Act sentencing him to undergo one year simple imprisonment and to pay fine of Rs. 5,000/-, failing which he shall undergo simple imprisonment for two months.

(2.) The facts in brief are as under: The petitioner is the accused. The first respondent is the complainant. It is the case of the complainant that the accused borrowed a sum of Rs. 4 lakhs from him on 10.11.2013 agreeing to repay the same within three months. On demand made by the complainant, it is stated that the accused issued a cheque dated 19.2014 drawn at ICICI Bank, Perianaickenpalayam Branch, Coimbatore. It is stated that the said cheque was returned for the reason "funds insufficient" on 22014. Thereafter, the complainant sent a legal notice through his counsel on 14.3.2014. Even though the accused received the notice on 15.3.2014, he had neither chosen to repay the amount, nor sent any reply. Hence, the complainant filed the complaint.

(3.) It is the case of the accused that he had borrowed Rs. 5 Lakhs from the complainant and had also repaid the same and while borrowing the said amount, the petitioner had given this cheque for Rs. 4 lakhs as security and he had not borrowed the amount of Rs. 4 lakhs as stated in the complaint.