MURUGU STARCH INDUSTRIES Vs. PARAMASIVAM

JUDGEMENT

(1.) This Criminal Revision Petition is filed against the judgement, dated 9.7.2015 made in CA.No.125 of 2013, by the Principal Sessions Judge, Salem, modifying the judgement of conviction and sentence, dated, 21.10.2013, made in STC.No.91 of 2012, by the Judicial Magistrate, FTC, Attur, convicting and sentencing the Petitioner/Accused for the offence under Section 138 of the Negotiable Instruments Act to undergo one year Rigorous Imprisonment and to pay a compensation of Rs.7,50,000/-, in default to undergo three months Simple Imprisonment.

(2.) The case of the Respondent is that the Petitioner/A1 is a Proprietorship Firm and the Petitioner/A2 is its Proprietor. The Petitioners/Accused had borrowed a sum of Rs.5 lakhs from the Respondent on 8.9.2006 for urgent business needs, promising to repay the same with interest at 18% p.a. and issued a cheque, dated 22.09.2006. When the Respondent had presented the said cheque for encashment through his banker, the same was dishonoured on the ground of 'insufficient funds" and thereby the Respondent had issued a statutory notice, dated 5.10.2006 to the Petitioners/Accused, demanding payment of the amount, for which the Petitioners had issued a reply notice, dated 16.10.2006 with untenable averments. Since the amount was not paid, Respondent/ complainant had filed the complaint against the Petitioners/Accused under Section 138 of the Negotiable Instruments Act in STC.No.91 of 2012 on the file of the Judicial Magistrate, FTC, Attur.

(3.) Based on the evidence, the Trial Court had found the accused guilty under Section 138 of the Negotiable Instruments Act and convicted and sentenced him to undergo one year Rigorous Imprisonment and to pay a compensation of Rs.7,50,000/-, in default, to undergo Simple Imprisonment for three months. As against the said conviction and sentence, the Petitioner had filed Crl.A.No.125 of 2015. The lower appellate court had partly allowed the appeal and set aside the default sentence imposed for default in payment of compensation amount and confirmed the judgement of the Trial Court in all other aspects. As against the same, this Criminal Revision Case has been filed by the Petitioners/Accused.