THANGAVELU Vs. RENGANATHAN

JUDGEMENT

(1.) This Revision Petition is directed against the concurrent finding of the Courts below holding the Revision Petitioner guilty of offence under Sec. 138 of Negotiable Instrument Act.

(2.) The facts involved in this case is that the complainant Mr. P. Ranganathan and the accused Mr. G. Thangavel who is now the Revision Petitioner before this Court are friends. The complainant was working as Teacher and retired. The accused was running textile business by name and style M/s. Gomathi Textiles. To meet out the family expenditure, to expand his business, the accused borrowed a sum of Rs.9,00,000.00 from the complainant. After repaying a sum of Rs.2,00,000.00 on 13/4/2008, for the balance Rs.7,00,000.00, he gave a cheque on even dated drawn from his account maintained in Cuddalore Co-operative Central Bank, promising that he will repay the money within 5 months. When the cheque was presented on 17/9/2008 as instructed by the accused, the cheque bounced with endorsement "Insufficient of fund". Therefore, statutory notice was issued on 10/10/2008 which was received by the accused on 15/10/2008. Since, the accused failed to pay the cheque amount but denied the liability through his reply notice. Subsequently, a complaint was filed before the Judicial Magistrate No. 1, Virudhachalam. The complaint was taken on file and tried as S.T.C. No. 1004 of 2008.

(3.) On appreciating the evidence let by the prosecution, examining himself as PW.1 Ranaganathan and Ramasamy (PW.2), marking 11 Exhibits as Ex.P.1 to Ex.P.11. The evidence of accused was examined as DW.1.