V. MANJUNATH REDDY Vs. P. RAMESH

JUDGEMENT

(1.) This Criminal Revision has been preferred challenging the judgment dated 10.10.2015 passed by the Additional District and Sessions Judge, Hosur in C.A.No.29 of 2014 confirming the conviction and sentence dated 03.06.2014 passed by the Judicial Magistrate, Fast Track Court, Hosur in S.T.C.No.283 of 2013.

(2.) For the sake of convenience, the petitioner and the respondent will be referred to as the accused and the complainant respectively.

(3.) It is the case of the complainant that, the accused is well known to him and that, the accused wanted Rs.8 lakhs urgently to meet certain expenses for the house that the accused was constructing in Shanti Nagar at Hosur and therefore, he gave him the amount on 10.01.2013; the accused promised to return the amount in five months; even after five months, when the accused did not come forward to return the amount, he started testering him and therefore, the accused issued the impugned cheque (Ex.P1) dated 29.06.2013, for Rs.8 lakhs drawn on ICICI bank, Hosur branch; he presented the cheque for collection through his bank viz. Central Bank of India, Hosur branch on 29.06.2013; but the said cheque returned unpaid on 04.07.2013, with the endorsement "account closed" vide Ex.P3; he issued a statutory demand notice dated 27.07.2013 (Ex.P4), which was received by the accused and the accused sent a reply notice dated 13.08.2013 (Ex.P7) denying the liability, but not given any explanation as to how, the cheque drawn by him went into the hands of the complainant; therefore, he initiated a prosecution in S.T.C.No.283 of 2013 before the Judicial Magistrate, Fast Track Court, Hosur under Section 138 of the Negotiable Instruments Act, 1881 against the accused.