L. GOPI Vs. M. RAJINI

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the order passed in C.A. No. 96 of 2014, by the learned III Additional Sessions Judge, Poonamalle by judgment dated 18.04.2015 by and under which the judgment and conviction of the learned Fast Track Court-II (Magistrate level) Poonamalle made in S.T.C. No. 1 of 2013 dated 18.09.2014, has been reversed.

(2.) The case of the appellant/complainant is that, the respondent/accused borrowed a sum of Rs. 5,75,000/- on 30.03.2012 and on the same day, in order to re-pay the same, the respondent/accused had given three cheques bearing cheque Nos. 868775, 868776 and 868777 dated 01.06.2012, 09.06.2012 and 16.06.2012 for a sum of Rs. 1,25,000/-, Rs. 1,25,000/- and Rs. 3,25,000/- respectively. It is the further case of the appellant/complainant that, the said three cheques were deposited for collection of money at the complainant's bank. However, the said cheques were returned on 19.06.2012, from the bank stating that there was no sufficient funds in the account of the respondent/accused. Thereafter, on information given by the appellant/complainant to the respondent/accused, he had given request to re-present the said three cheques and accordingly, on 16.08.2012, again the three cheques were re-presented and at that time also the three cheques were returned on 27.08.2012, for want of funds.

(3.) Thereafter, on 22.09.2012, the appellant/complainant had sent a statutory notice under Section 138(b) of Negotiable Instruments Act, which was returned as unclaimed. Therefore, the appellant/complainant set the law in motion by filing a private complaint before the trial Court seeking to try the case and punish the respondent/accused under Section 138 of Negotiable Instruments Act. The trial Court has taken the case on file and after tried the matter, by the judgment dated 18.09.2014, convicted and sentenced the respondent/accused for four months simple imprisonment and also imposed a fine of Rs. 3,500/- in default, directed the respondent/accused to undergo simple imprisonment for one month.