PARAMESWARAN PILLAI Vs. V S RAVI

JUDGEMENT

(1.) The instant Criminal Revision Case is preferred as against the judgment passed in Criminal Appeal No.141 of 2014 dated 18.11.2016 on the file of the learned I Additional Sessions Judge, (City Civil Court), Chennai in confirming the judgment of conviction passed in C.C. No.6228 of 2011 dated 04.04.2016 on the file of the learned Metropolitan Magistrate (Fast Track Court No.3), Saidapet, Chennai. Further, the Revision Petitioner is an accused in a case initiated by the Respondent herein under section 138 of the Negotiable Instruments Act (herein after referred as N.I. Act). As the revision petitioner herein pleaded not guilty during the trial, he was ordered to face the trial.

(2.) The case of complaint is that on 15.12.2011, the revision Petitioner borrowed a sum of Rs.2,00,000/- and for the said amount he entrusted a cheque bearing No.283623 dated 15.12.2011, Indian Bank, East Abiramapuram Branch, Chennai in favour of the respondent/complainant. Since the accused not paid the said amount as promised by him, the cheque was presented for collection on 21.03.2011, but the same was returned as "Payment Stopped by the Drawer" vide memo dated 22.03.2011. Thereafter the complainant caused a legal notice on 19.04.2011 and the same was returned with an endorsement as "Door locked, intimation delivered". There is no reply by the accused/appellant herein, the respondent herein filed the complaint under section 142 of the Negotiable Instruments Act for the offence punishable under Section 138 of the same Act before the learned Metropolitan Magistrate (Fast Track Court No.3), Saidapet, Chennai in C.C.No.6228 of 2011.

(3.) In the conclusion of the trial, the Revision Petitioner/accused was found guilty for the offence under section 138 of Negotiable Instruments Act and was ordered to undergo one year simple imprisonment and was also directed to pay the cheque amount by way of compensation, in default to pay the amount, he should undergo simple imprisonment for one month as per the judgment dated 04.04.2014. Against the said order of conviction, the Revision Petitioner/Accused filed an appeal before the learned I Additional Sessions Judge, (City Civil Court), Chennai in Crl.A.No.141 of 2016, but the same was dismissed on 18.11.2016 by confirming the Judgment of the learned trial court.