ORDER

Challenging the orders dated 20.10.2021 passed in Crl.A.No.343 of 2019 by the III Additional District and Sessions Judge, Coimbatore, the present criminal revision is filed.

2. The revision petitioner is the accused in C.C.No.444 of 2017 on the file of the Judicial Magistrate, Fast Track Court at Magisterial Level I, Coimbatore. The respondent/complainant filed a private complaint under Section 200 of Cr.P.C., against the revision petitioner / accused for an offence punishable under Section 138 of the Negotiable Instruments Act.

3. The case of the complainant in a nutshell is as follows:

The revision petitioner/accused borrowed a sum of Rs.25 lakhs from the complainant and in order to discharge his liability, the accused issued the following cheques:

4. When the complainant presented the cheques for collection through his banker viz., City Union Bank Ltd., Pannimadai Branch, Coimbatore, the same was returned for the reason 'Funds insufficient'. Therefore, the complainant issued a legal notice dated 02.04.2016 to the accused demanding the latter to pay the amount due under the Cheque and the same was received by the accused on 06.04.2016. According to the complainant, though the accused received the said notice, he did not make good the payment and also did not send any reply. Thereafter he filed a private complaint under Section 200 Cr.P.C., in C.C.No.444 of

2017.

5. On receipt of the complaint, the learned Judicial Magistrate took cognizance of the offence after observing necessary legal formalities and issued summons for the appearance of the accused under Section 204 (3) of Cr.P.C. Copies of records were furnished to the accused, on his appearance, under Section 207 of Cr.P.C. When the accused was questioned with regard to the substance of accusation made against him in the complaint, he pleaded not guilty and therefore the case was posted for trial.

6. The respondent / complainant examined himself as P.W.1 and another witness one S.Dhilip Kumar as P.W.2 and marked Ex.P1 to Ex.P12 on his side. The complainant had deposed about the borrowal of a sum of Rs.25 lakhs and the issuance of three cheques towards discharge of his liability by the accused. He has also deposed about the issuance of the statutory notice to the accused, demanding him to repay the amount due under the cheque. P.W.2, the Manager of City Union Bank, Pannimadai Branch, Coimbatore deposed that the cheques presented by the complainant were returned for the reason 'funds insufficient' and thus P.W.2 corroborated the versions of P.W.1. When the accused was questioned under Section 313 (i) (b) Cr.P.C. with regard to the incriminating circumstances appearing in evidence against him, he denied of having committed any offence. However, he did not adduce any oral or documentary evidence on his side.

7. The learned Judicial Magistrate I, Coimbatore after analysing the evidence on record found the accused guilty for the offence under Section 138 of the Negotiable Instruments Act, convicted and sentenced him to undergo Simple Imprisonment for a period of six months and to pay a sum of Rs.25 lakhs as compensation to the complainant, in default to undergo imprisonment for a period of two months. The order of Conviction and Sentence was passed on 24.09.2019. Aggrieved over the said Judgment, a Criminal Appeal was filed in C.A.No.343 of 2019 before the III Additional District and Sessions Judge, Coimbatore. The III Additional District and Sessions Judge, Coimbatore vide her orders dated 20.10.2021 dismissed the appeal, confirming the conviction and sentence passed by the learned Judicial Magistrate I, Coimbatore. Aggrieved over the same, the present revision is filed.

8. Mr.Krishnasamy Chinnasamy, learned counsel for the petitioner contended that the