MOHAN Vs. VISWANATHAN

JUDGEMENT

(1.) This Criminal Revision Petition has been filed against the order in Criminal Appeal No.82 of 2009 passed by the learned Principal Sessions Judge/Fast Track Court No.II, Coimbatore, confirming the order of conviction and sentence passed by the learned Judicial Magistrate No.II, Coimbatore in C.C.No.14 of 2006.

(2.) The brief facts are: The respondent filed a complaint against the petitioner for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The case of the respondent is that the petitioner approached the respondent and asked for a hand loan to meet his urgent family expenses and for business purposes. On 19.03.2004, the respondent given a hand loan of Rs.2,00,000/- to the petitioner and on the very same day a promissory note was executed by the petitioner in favour of the respondent. Thereafter, the petitioner paid only a sum of Rs.20,000/- towards interest and the entire principal amount remained unpaid. Out of the total amount of Rs.2,00,000/-, the petitioner issued a cheque, dated 20.04.2005 for a sum of Rs.1,40,000/- in favour of the respondent. When the cheque was deposited by the respondent, it was dishonoured and the same was intimated to the respondent on 23.04.2005 by way of Debit Advice Memo with an endorsement "insufficient funds". The respondent informed about the dishonour of cheque to the petitioner and the petitioner requested the respondent to present the cheque again. Accordingly, the cheque was again presented for collection on 12.05.2005 and it was again dishonoured on 16.05.2005 for "insufficient funds". Thereafter, the respondent issued a statutory notice, dated 11.06.2005 calling upon the petitioner to pay the cheque amount within 15 days from the date of receipt of the notice. The petitioner in spite of the receipt of the notice neither gave a reply for the same nor paid the cheque amount. The respondent left with no other option, filed a complaint for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, against the petitioner. On the side of the respondent, his Power of Attorney Agent was examined as PW1 and the respondent examined himself as PW2 and 11 documents were marked as Ex.P1 to Ex.P11. On the side of the petitioner, one Mr.Gopal, was examined as DW1 and the petitioner examined himself as DW2.

(3.) The trial court after considering the oral and documentary evidence found the petitioner guilty for an offence under Section 138 of the Negotiable Instruments Act, 1881, and sentenced him to undergo simple imprisonment for one year and to pay fine of Rs.5,000/- in default, to undergo three months simple imprisonment. Aggrieved by the said order, the petitioner filed an appeal in Criminal Appeal No.82 of 2009 and the Appellate Court on consideration of the entire materials dismissed the appeal and confirmed the order passed by the learned trial Judge, by its order, dated 18.01.2010. Aggrieved by the same, the present Criminal Revision Petition has been filed before this Court.