ARIVAZHAGAN Vs. C.SHANTHI

JUDGEMENT

(1.) This criminal revision is directed against the judgment of the Additional District and Sessions Judge (Fast Track Court), Kanniyakumari @ Nagercoil, passed in C.A.No.65 of 2007, dated 03.07.2018, confirming the judgement of the Judicial Magistrate No.II, Nagercoil, passed in STC No.98 of 2005, dated 21.03.2007.

(2.) The brief facts of the case is that on 01.07.2004, the accused borrowed a sum of Rs.2,50,000/- and promised to repay the same within a period of two months and issued a cheque dated 01.09.2004 bearing No.0046 of the Eathamozhy Primary Agricultural Co-operative Bank Limited and when the same was presented on 16.11.2004 through Union Bank of India, Vadasery, it was dishonoured due to insufficient of funds and thereafter, statutory notice was issued and on receipt of the same, the accused has not repaid any amount. Hence, the case.

(3.) The trial court, by judgment, dated 21.03.2007 made in STC No.98 of 2005 convicted the revision petitioner/accused for the offence under Section 138 of Negotiable Instruments Act and sentenced him to undergo simple imprisonment for 9 months and to pay a fine of Rs.5,000/-, in default SI for 2 months. The First Appellate Court also confirmed the findings of the trial court. Aggrieved by the concurrent findings of the Courts below, the revision petitioner/accused is before this court.