The judgment establishes the principle that the court will rely on the evidence and documents presented to establish guilt beyond reasonable doubt in cases of fraudulent activities.

JUDGMENT

(Prayer: Criminal Revision is filed under Section 397 r/w 401 of the Code of Criminal Procedure, to call for the records pertaining to the judgment dated 25.07.2017 passed by the learned XVIII Additional Sessions Judge, Chennai in Crl.A.No.80/2016 confirming the judgment dated 05.03.2016 passed by the learned XI Metropolitan Magistrate, Saidapet, Chennai in C.C.No.2213/2012 and to set aside same and acquit the petitioner from the charge level against him.)

1. The conviction and sentence of the learned XI Metropolitan Magistrate, Saidapet, Chennai (trial Court) passed against the petitioner/accused in C.C.No.2213 of 2012, dated 05.03.2016 are as follows:-

* For offence under Section 465 IPC, the petitioner was sentenced to undergo Rigorous Imprisonment for two years and to pay a fine of Rs.2,000/-, in default, to undergo Simple Imprisonment for two months.

* For offence under Section 468 IPC, the petitioner was sentenced to Rigorous Imprisonment for two years and to pay a fine of Rs.5,000/-, in default, to undergo four months Simple Imprisonment.

* For offence under Section 471 r/w 465 IPC, the petitioner was sentenced to Rigorous Imprisonment for two years and to pay a fine of Rs.2,000/-, in default, to undergo two months Simple Imprisonment.

* For offence under Section 420 IPC, the petitioner was sentenced to undergo Rigorous Imprisonment for two years and to pay a fine of Rs.5,000/-, in default, to undergo Simple Imprisonment for four months.

2. As against the judgment of trial Court, dated 05.03.2016, the petitioner preferred an appeal before the learned XVIII Additional Sessions Judge, Chennai (lower appellate Court) in C.A.No.80 of 2016. The lower appellate Court, by judgment, dated 25.07.2017 confirmed the judgment of the trial Court and dismissed the appeal, against which, the present Criminal Revision case.

3. Gist of the case is that the defacto complainant/PW1 is the Manager of M/s.Manoj Babuji Exports India Private Limited, Park Town, Chennai. The petitioner contacted PW1 over phone and introduced himself as Managing Director and authorized signatory of M/s.Sree Maruthamalai Murugan Textile Industries Private Limited, Vadavelli, Coimbatore and requested for supply of yarn on credit basis with an assurance of payment will be given within a week or ten days after the receipt of goods. Initially, the petitioner requested PW1 over phone and later, he approached him directly. Believing the same, PW1 supplied 2140 kg of yarn to the petitioner at Coimbatore, vide Invoice No.T0001, dated 01.12.2006 to the tune of Rs.5,56,400/-, for which, the petitioner issued a cheque bearing No.521292, dated 02.12.2006 (Ex.P3) drawn on Centurion Bank of Punjab, Avanashi Road, Coimbatore. The yarn was delivered by one Pandi from Battalagundu Cotton Mill and delivery challan (Ex.P4) was issued. When the cheque (Ex.P3) was presented for encashment, the same was dishonoured and returned to PW1 with an endorsement of 'Funds Insufficient'. Thereafter, the petitioner was unable to be contacted by PW1. When PW1 visited the address given by the petitioner at Vadavelli, Coimbatore, he came to know that there is no company existed in the name of M/s.Sree Maruthamalai Murugan Textile Industries Private Limited. On discrete enquiry, PW1 came to know that the petitioner is a regular offender, involved in several cases and cheated many persons by using his alias name like Purushothaman @ Shanmugasundaram @ Gopalakrishna Raja.

4. PW1 lodged a complaint to the Inspector of Police, Elephant Gate Police Station, Chennai and the same was registered in Crime No.820 of 2007 (Ex.P8), for offence under Section 420 of IPC. Since no proper investigation was done, PW1 filed a direction petition before this Court in Crl.O.P.No.26292 of 2007, wherein this Court, by order, dated 04.09.2007 directed the CBCID to investigate the case. Thereafter, PW16, the Inspector of Police took up investigation, enquired the witnesses viz., PW1/defacto complainant, PW