J EBENESER Vs. S JEYACHANDRAN

JUDGEMENT

(1.) This Criminal Revision Case has been filed to set aside the judgment and sentence dated 26.04.2011 in C.A.No.48 of 2010 passed by the Additional District Judge, Fast Track Court No.III, Coimbatore, confirming the conviction and modifying the sentence dated 05.03.2010 in S.T.C.No.124 of 2008 on the file of the Judicial Magistrate Court No.VII, 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 the accused was his close friend; the accused borrowed Rs.10,00,000/- (Rupees Ten lakhs only) on various dates, from October 2005 onwards, but, did not repay any money; therefore, the complainant filed a petition under Section 482 Cr.P.C. before the High Court of Madras for registration of a case against the accused for cheating; on the direction of the High Court, the District Crime Branch, Coimbatore, conducted enquiry; during the enquiry, the accused voluntarily came forward to amicably settle the matter and gave Rs.2,00,000/- (Rupees Two lakhs only) by cash on 18.05.2007 and also issued three cheques as follows;