V.NALLATHAMBI Vs. RAJASEKARAN

JUDGEMENT

(1.) This Criminal Revision Case has been filed to set aside the judgment dtd. 4/9/2012 made in C.A.No.7 of 2012 on the file of the 1st Additional Sessions Judge, Thanjavur, Thanjavur District confirming the judgment of conviction passed by the learned Judicial Magistrate, Kumbakonam dtd. 19/1/2012 in C.C.No.1263 of 2003.

(2.) The case of the complainant / respondent is that a house bearing Door No.37/21, Paanathurai North Steet, Kumbakonam Town, was belonged to the revision petitioner / accused. The revision petitioner entered into an agreement dtd. 18/7/2002 with the respondent to sell the above said property, for which, the respondent paid a sum of Rs.15,00,000.00 to the revision petitioner as advance. Subsequently, he paid a sum of Rs.6,00,000.00 for the balance sale consideration. Due to inability to execute the sale deed by the revision petitioner, both of them cancelled the sale deed. For repayment of the advance amount paid by the respondent herein, the revision petitioner herein issued a cheque for a sum of Rs.15,00,000.00 dtd. 11/10/2003 and subsequently, issued four cheques for a total sum of Rs.6,00,000.00 dtd. 27/10/2003. On 12/11/2003, the respondent herein presented the cheques and the same were returned as insufficient fund. Hence, the respondent herein issued a statutory notice to the revision petitioner herein. After receipt of the notice, the revision petitioner sent a reply notice. Since the revision petitioner has not paid the amount, the respondent herein filed a private complaint before the learned Judicial Magistrate, Kumbakonam for the offence punishable under Sec. 138 of the Negotiable Instruments Act.

(3.) In order to prove the case of the complainant / respondent, on the side of the respondent herein, the complainant was examined as P.W.1, Ex.P.1 to Ex.P.12 were marked.