R.SIVAKALA Vs. D.SETHURAM

JUDGEMENT

(1.) The petitioner is the accused and the respondent is the complainant. The case of the respondent/complainant is that the petitioner/accused approached the respondent/complainant and borrowed a sum of Rs.9,50,000/- on 27.02.2010 and executed the promissory note in favour of the complainant agreeing to repay the same with interest at the rate of 24% per annum. On 12.03.2010, the revision petitioner/accused had again borrowed a sum of Rs.9,00,000/- from the respondent/complainant and executed the promissory note agreeing to repay the same with interest at the rate of 24% per annum. The petitioner/accused had paid the interest up to 18.10.2010, to discharge the debt he issued cheques dated 19.10.2010 bearing Nos.647771 and 647772 for a sum of Rs.9,50,000/- and Rs.9,00,000/- respectively, drawn on ICICI Bank, Tiruppur Branch. When the cheques presented for collection on 19.10.2010, the same were dishonoured for want of sufficient funds, and the same was intimated to the respondent/complainant on 21.10.2010. The respondent/complainant sent a statutory notice on 27.10.2010, which was received by the petitioner/accused on 01.11.2010. The accused neither returned the money nor sent any reply. Therefore, the respondent/complainant filed a private complaint under Section 200 of Cr.P.C., against the petitioner/accused before the learned Judicial Magistrate, Fast Track Court No.1 Magisterial Level, Coimbatore, for the offence under Section 138 of Negotiable Instrument Act.

(2.) After taking cognizance of the complaint and completing the legal formalities, in order to prove the case of the complainant one witness was examined and 11 documents were marked.

(3.) After completion of complainant side evidence, when the incriminating materials culled out and put before the accused he denied the same as false and also on the side of the accused, no witness was examined and no document was marked. After completing the enquiry and also the oral and documentary evidence, the learned Judicial Magistrate, Fast Track Court No.1 Magisterial Level, Coimbatore, found the accused guilty for the offence under Section 138 of Negotiable Instrument Act, convicted and sentenced to undergo Simple Imprisonment for a period of six months and to pay Rs.18,50,000/- as compensation in default to undergo for a further period of two months simple imprisonment. Challenging the order, the petitioner/accused has filed an appeal before the learned V Additional District and Sessions Judge, Coimbatore. After elaborate enquiry, the learned V Additional District and Sessions Judge, confirmed the order of the learned Judicial Magistrate, Fast Track Court No.1 Magisterial Level, Coimbatore, and dismissed the appeal. As against the order of learned V Additional District and Sessions Judge, Coimbatore in C.A.No.183 of 2016 dated 12.02.2018, the petitioner/accused has preferred the present Criminal Revision Case before this Court.