M. SIVAPERUMAL Vs. S. KAMALANATHAN

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned Legal Aid counsel for the respondent.

(2.) The case of the appellant is that he and the respondent are relatives and they know each other for a long time. On 01.10.2012, the respondent borrowed a sum of Rs.5,00,000/- and promised to clear the loan within two months and as a security, he also issued a post dated cheque for Rs.5,00,000/- drawn on Indian bank, Devakottai branch. On the expiry of two months period, the cheque was presented for collection. However, the same was returned for "insufficient funds". A statutory notice was issued to the respondent calling upon him to send a demand draft for Rs.5,00,000/- to avoid prosecution under Section 138 of Negotiable Instruments Act. The respondent sent a reply dated 04.01.2013 denied the liability and alleged that the deeds, important papers including cheques and hand bag left in the premises of the complainant have been misused by the complainant.

(3.) With this set of facts, the parties appeared before the Trial Court and contested the case. On behalf of the complainant, 4 witnesses were examined and 8 Exhibits were marked. In defence, the accused mounted the witness box and examined himself as DW.1. The Trial Court on considering the evidence placed before it, held that the prima facie burden of proving the cheque that has been issued for discharge of debt, was proved by the complainant. Whereas, the accused has failed to rebut the presumption and therefore, convicted the respondent and sentenced him to undergo 1 year Simple Imprisonment and pay a compensation of Rs.5,00,000/-. Aggrieved by that, the accused preferred appeal before the II Additional Sessions Court, Salem.