P.SAMUEL Vs. S.BASHU

JUDGEMENT

(1.) These Criminal Revision Cases are filed to set aside the judgments dated 03.09.2012, in C.A.Nos.210 and 209 of 2011, respectively, on the file of the IV Additional District and Sessions Court (formerly Fast Track Court No.II), Coimbatore, confirming the conviction and modifying the sentence imposed in C.C.Nos.33 and 32 of 2009, respectively, on the file of the Judicial Magistrate's Court No.II, Coimbatore.

(2.) For the sake of convenience, the petitioner and the respondent will be referred to as accused and complainant, respectively.

(3.) It is the case of the complainant that he has a footwear shop in Nehru Street, Rathinapuri, Coimbatore, near to which, is Balamani Food Products, the shop of the accused; in July, 2007, the accused borrowed Rs.3,00,000/- as hand loan from the complainant promising to return the amount within three months; since the complainant and the accused were friends for a long time, the complainant obliged the accused; when the complainant started demanding return of the amount, the accused issued two cheques, one dated 25.08.2008 bearing No.015791 (Ex.P1 in C.C.No.32 of 2009) for Rs.1,50,000/- and the other dated 04.08.2008 bearing No.015792 (Ex.P1 in C.C.No.33 of 2009) for Rs.1,50,000/-, both drawn on Tamil Nadu Industrial Cooperative Bank Limited, Gandhipuram, Coimbatore; the complainant presented both the cheques for clearance on the same day and both of them were returned unpaid with endorsement 'funds insufficient' on 28.08.2008, vide Return Memo (Ex.P2 in both cases); the complainant issued two statutory demand notices, both dated 17.09.2008, to the accused, which were received by the accused; since the accused did not comply with the demand, the complainant initiated two prosecutions, viz., C.C.No.32 of 2009 for the cheque dated 25.08.2008 and C.C.No.33 of 2009 for the cheque dated 04.08.2008, before the Judicial Magistrate No.II, Coimbatore, for the offence under Section 138 of the Negotiable Instruments Act ('NI Act' for brevity), against the accused.