CHANDRESWARI Vs. R.KILAVAN

JUDGEMENT

(1.) This criminal revision is directed against the judgment, dated 09.08.2018 passed by the IV Additional District and Sessions Judge, Madurai, in Crl.A.No.19 of 2018, confirming the judgment of the Fast Track Court No.II (Magistrate Level), Madurai, in STC No. 173 of 2016, dated 12.02.2018.

(2.) The brief facts of the case is that the accused borrowed a sum of Rs.2,40,000/- and Rs.2,00,000/- on 14.11.2014 and 07.12.2015 respectively for her business development and she executed a promissory note in favour of the complainant and thereafter, the accused has not repaid any amount and subsequently, on the request of the complainant, the accused issued a cheque bearing No.250476, dated 04.05.2015 for Rs.3,40,000/- drawn on IDBI Bank, K.K.Nagar, Madurai Branch for settling the balance amount and got back the pro-note executed. On presentation of the cheque for collection through the Bank of India, it was returned with an endorsement that "Account closed." Hence, the complainant has issued a notice, dated 12.05.2015 calling upon the accused to pay the cheque amount, for which the accused issued a reply with false allegations and she has also not paid the cheque amount. Hence, the complaint.

(3.) The trial court, by judgment, dated 12.02.2018 made in STC No.173 of 2016 convicted the revision petitioner/accused for the offence under Section 138 of Negotiable Instruments Act and sentenced her to undergo simple imprisonment for six months and directed her to pay the cheque amount of Rs.3,40,000/- as compensation. 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.