IMPORTANT POINT
Notice sent on correct address is presumed to be served on noticee.

A.D. Jagadish Chandira, J.—The criminal revision has been filed by the petitioner/accused, against the Judgment passed by the learned Additional Sessions Judge, (Fast Track Court), Virudhunagar in C.A.No.43 of 2007, dated 17.12.2007, which modified the sentence imposed by the learned Judicial Magistrate No.I, Virudhunagar in C.C.No.35 of 2005, dated 22.05.2007.

2. The learned Judicial Magistrate No.I, Virudhunagar, by Judgment, dated 22.05.2007, convicted and sentenced the petitioner/accused to undergo six months simple imprisonment and also to pay Rs.5,000/-, in default to suffer simple imprisonment for three months for the offence under Section 138 N.I.Act and on appeal, the Judgment of the learned Judicial Magistrate No.I, Virudhunagar, was confirmed, however, the sentence was modified by the learned Additional Sessions Judge (Fast Track Court), Virudhunagar in C.A.No.43 of 2007, by Judgment, dated 17.12.2007, sentencing the petitioner to undergo six months imprisonment and to pay total compensation amount of Rs.72,000/- in default to suffer three months simple imprisonment.

3. The petitioner is the accused in C.C.No.35 of 2005, on the file of the learned Judicial Magistrate No.I, Virudhunagar. The respondent/complainant had filed a private complaint against the petitioner under Section 200 Cr.P.C., for the offence under Section 138 r/w 142 of the Negotiable Instruments Act. The averment in the private complaint was that the respondent/complainant is a Partnership Firm at Puvanagiri and was conducting business in the name of Murugan Stores at Virudhunagar through its power agent and thereby, they had authorised the Power Agent to represent them. The petitioner/accused was conducting his business under the name and style of Srinivasa Traders at Gandhi Nagar, Virudhunagar, and thereby, the petitioner/accused and the respondent/complainant had business relationship and under such relationship, on 24.03.2004, the petitioner/accused had purchased green-gram for the value of Rs.1,47,000/- and made cash payment of Rs.80,000/- and towards the balance liability of Rs.67,000/-, the petitioner/accused had issued a cheque in favour of the respondent/complainant on 25.10.2004. The cheque was presented by the respondent/complainant for collection on 26.10.2004 and the same was returned by the Bank with an endorsement “Insufficient Funds” and thereafter, on 26.11.2004 the respondent/complainant had issued a legal notice to the petitioner/accused and the same was returned back with an endorsement “intimation delivered” and “unclaimed” and therefore, after due statutory compliance under the Negotiable Instruments Act, the complaint was laid.

4. Before the Trial Court, the respondent/complainant had examined three witnesses as P.Ws.1 to 3 and marked twelve documents as Exs.P1 to P12 and the petitioner/accused had examined one witness as R.W.1 and no document was marked on his side.

5. P.W.1/Paulpandian, the Power Agent of the respondent/complainant in his evidence, had deposed that he is the Power Agent of Murugan Stores at Virudhunagar and he was running the business in the capacity as its agent. The petitioner/accused was conducting shall business under the name and style of Srinivasa Traders at Virudhunagar and that on 24.03.2004 the petitioner/accused had purchased green-gram for the value of Rs.1,47,000/- from the respondent/complainant and out of which, he had paid cash of Rs.80,000/- and towards the balance amount he had issued a cheque for Rs.67,000/-, dated 25.10.2004. The cheque was presented with their bankers and was returned with endorsement ?Insufficient Funds?. Thereafter, legal notice was issued to the petitioner/accused and the same was duly served on the petitioner/accused and that he failed to repay the amount. Thereby, by authorizing the Power Agent through Ex.P.1, the respondent/complainant had presented the complaint. Ex.P2 is the receipt for supply of Green-gram. Ex.P3 is the cheque issued by the petitioner/accus