S R GUNASEKARAN Vs. G SAMPOORNAM

JUDGEMENT

(1.) (PRAYER: Revision Petition filed under Sections 397 & 401 of Criminal Procedure Code against the Judgment, dated 26.05.2005 made in C.A.No.88 of 2004 on the file of the District and Sessions Judge, Fast Track Court No.I, Salem, confirming the Judgment, dated 29.06.2004 made in C.C.No.265 of 2001 on the file of the Judicial Magistrate No.III, Salem.) This Criminal Revision has been preferred against the Judgment, dated 26.05.2005 made in C.A.No.88 of 2004 on the file of the District and Sessions Judge / Fast Track Court No.I, Salem, confirming the Judgment, dated 29.06.2004 passed in C.C.No.265 of 2001 on the file of the Judicial Magistrate No.III, Salem.

(2.) THE case was taken on file by the Judicial Magistrate on the complaint given by the respondent / complainant under Section 138 of the Negotiable Instrument. After the trial, the petitioner / accused was found guilty by the trial court under Section 138 of Negotiable Instruments Act, convicted and sentenced to undergo six months simple imprisonment. THE petitioner / accused was also directed to pay Rs.50,000/- as compensation to the respondent / complainant.

(3.) HENCE, the respondent, after issuing statutory notice, demanding the cheque amount, filed the complaint before the Judicial Magistrate, Salem. According to the respondent, the petitioner / accused had received the statutory notice sent by the respondent, however, the demand to pay the cheque amount was not complied with by him.