RAMKUMAR Vs. PRASAD FILM LABORATORIES

JUDGEMENT

(1.) This Criminal Revision Petition filed under Ss. 397 and http://www.judis.nic.in of Cr.P.C., to set aside the conviction imposed in the judgment dtd. 14/3/2002 made in C.A.No.45/99 on the file of the learned Additional District and Sessions Judge (Fast Track Court No.1), Chennai confirming the conviction imposed in judgment dtd. 15/2/1999 made in C.C.No.12007/1992 on the file of the learned XIV M.M.Egmore, Chennai-8, by allowing this Criminal Revision Petition.

(2.) For the sake of convenience, the parties will be referred to the complainant and the accused. The accused borrowed a sum of Rs.1,30,000.00 for his business purpose on 23/10/1992 and issued a cheque dtd. 23/10/1992. The complainant presented the cheque for collection on 23/10/1992 and the same was dishonoured. Thereafter, the complainant caused legal notice to the accused on 7/11/1992. After receipt of the said notice, the accused neither replied nor repaid the amount for which the complainant filed a complaint before the learned XIV Metropolitan Magistrate, Egmore, Chennai-8 and the same was taken on file in C.C.No.12007 of 1992 under Sec. 138 of the Negotiable Instruments Act. Thereafter, the Lower Court after elaborate trial convicted the accused to undergo simple imprisonment for a period of one year and imposed a fine of Rs.1,50,000.00 and in default to undergo three months simple imprisonment against which an appeal has been preferred in C.A.No.45 of 1999 before the learned Additional District and Sessions Judge, FTC-1, Chennai. The lower http://www.judis.nic.in Appellate Court also confirmed the conviction and sentence passed by the trial Court against which the present revision has been filed.

(3.) The learned counsel for the revision petitioner submitted that the instrument amount involved in 138 Negotiable Instruments Act proceedings were settled in favour of the defacto complainant and to that extent Memorandum of compounding petition has also been filed and paragraph 2 and 3 of the petition reads as follows :