R JACOB PON PAULRAJ Vs. JOSE JELRIS

JUDGEMENT

(1.) The revision petitioner herein is the accused in S.T.C.No.3289 of 2006 on the file of the learned Judicial Magistrate No.III, Nagercoil.

(2.) Brief facts leading to the filing of this revision are that the petitioner herein borrowed a sum of Rs. 3,00,000/- from the complainant, Jose Jelris and promised to repay the same within a month. To discharge the debt, on 10.05.2006 he issued a post dated cheque bearing No.144606, dated 107.2006. On presentaiton of the cheque for collection, it was returned for insufficiency of funds and payment stopped. Statutory notice, dated 21.07.2006 issued by the complainant was received by the petitioner/accused on 207.2006. He has not sent reply, inspite of receiving the notice. The Trial Court found him guilty, sentenced him to undergo imprisonment for three months and directed to pay a fine of Rs. 5,000/-, in default, to undergo one month rigorous imprisonment. Appeal was preferred by him before the learned Sessions Judge, Kanyakumari at Nagercoil in C.A.No.75 of 2008. The same was dismissed on 17.02018 confirming the order passed by the learned Judicial Magistrate No.III, Nagercoil, in S.T.C.No.3289 of 2006, dated 19.05.2008.

(3.) Learned counsel for the revision petitioner contended that the learned appellate Judge disposed the appeal in the absence of counsels representing the appellant and the respondent. Without affording opportunity and without considering the defence exhibits which rebutted the presumption against the accused, the appellate Court has erroneously dismissed the appeal and confirmed the Judgment of conviction and sentence passed by the Trial Court.